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HomeMy WebLinkAbout2018-02-13 Work Session & Regular Meeting PacketTHE CITY OF knna AGENDA City Council Work Session Tuesday, February 13, 2018 @ 6:30 PM Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Work Session at 6:30 PM, on February 13, 2018, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum 2. Discuss State Highway 5/Powell Parkway project rights -of -ways. 3. Discuss progress of new website design and other community education efforts. (Jessica Perkins) 4. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 5. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. (If there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 6. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on February 9, 2018. Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. AGENDA THE CITY OF Regular City Council Meeting AAtia Tuesday, February 13, 2018 @ 7:30 PM Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Regular Session at 7:30 PM, on February 13, 2018, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order, Roll Call and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve minutes for the City Council January 23, 2018 meeting. b. Review minutes of the CDC's meeting from November 2, 2017 and December 7, 2017. (Jessica Perkins) c. Review minutes of the EDC's meeting from November 2, 2017 and December 7, 2017. (Jessica Perkins) d. Review minutes of the Park Board's meetings for November 27, 2017 and December 18, 2017 (Maurice Schwanke). e. Approval of a Resolution supporting the reconstruction and expansion of State Highway 5 in the City of Anna by the Texas Department of Transportation. (Joseph Johnson) f. Review Quarterly Investment Report (Dana Thornhill) g. Approval of a Resolution and I nterlocal Agreement with Collin County for Dispatch Services for Fire Department h. Approve a Resolution Reaffirming the City of Anna Strategic Plan (City Council) 6. A) Conduct a public hearing to consider public comments regarding a request by Standridge Companies, owner(s) of the property, to change the zoning of the subject property from (AG) Agricultural to (PD) Planned Development with (C-1) restricted commercial with additional uses. The property is generally located at the northwest corner of U.S. Highway 75 and West White Street (FM 455). (Maurice Schwanke) B) Consider/Discuss/Action on a recommendation regarding a request by the owner of the property to be granted a zoning change from (AG) Agricultural uses to (PD) Planned Development Uses. 7. A) Conduct a public hearing to consider public comments regarding a request by Zablink Hospitality, owner(s) of the property, to allow for a (SUP) Special Use Permit authorizing the use of a hotel on the subject property and approval of a Site Plan. The property is generally located at the northeast corner of U.S. Highway 75 and West White Street (FM 455). (Maurice Schwanke) B) Consider/Discuss/Action on recommendation regarding a request by the owner of the property to be granted a (SUP) Special Use Permit to allow for hotel uses on the subject property and approval of a Site Plan. 8. Consider/Discuss/Action on resolution approving "Anna Town Center Lot 3, Block A" Final Plat.(Maurice Schwanke) 9. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing City staff to use lawful means, including negotiations and, if necessary, proceedings in eminent domain, to acquire an easement on private property owned by Richard L. Chron and Bill & Darla Theis. (Joseph Johnson) 10. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute a contract with Wilson Contractor Services, LLC for the Foster Crossing Water Line Project. (Joseph Johnson) 11. Consider/Discuss/Action on an Ordinance ordering a General and Special Election to be held on May 5, 2018. 12. Consider/Discuss/ Action on an extension of the Hurricane Creek Subdivision Improvement Agreement. (Maurice Schwanke) 13. Consider/Discuss/Action on a Resolution Directing Publication of Notice of Intention to issue Certificate of Obligation (Dana Thornhill) 14. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 15. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. (If there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 16. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on February 9, 2018 Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. THE CITY OF Anna AGENDA ITEM: Approve minutes for the City Council January 23, 2018 meeting. SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description January 23, 2018 Work Session January 23, 2018 Regular Meeting Item No. 5.a. City Council Agenda Staff Report Meeting Date: 2/13/2018 Upload Date Type 2/9/2018 Exhibit 2/9/2018 Exhibit ANNACITYCOUNCIL MINUTES WORK SESSION January 23, 2018 The City Council of the City of Anna met in Work Session on the above date at Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 6:30 p.m. All Council Members were present. 2. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); Regulations compliance 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 MOTION: Council Member Martinez moved to adjourn to closed session. Council Member Beazley seconded. Motion carried 7-0 Mayor Pike recessed into closed session at 6:32 p.m. Mayor Pike reconvened the open session at 7:28 p.m. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 3. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. No action. 4. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. Mayor Pike adjourned the meeting at 7:28 p.m. Approved on the February 13, 2018. Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith ANNACITYCOUNCIL MINUTES REGULAR SESSION January 23, 2018 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 7:30 p.m. All Council Members were present. 2. Invocation and Pledge of Allegiance. Mayor Pike led the invocation and pledge. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. Marietta Schell, 2115 Taylor Blvd - thanked Council for creating the Neighborhood Design Advisory Committee and as an ETJ resident would like to be considered to serve. Jonan Foster, 2401 Hillside - presented a media petition for Creekside home owners opposing the Holiday Inn Express motel. Jim Henderson, 2401 Hillside - opposed to Holiday Inn Express motel. Josh Carvings, 1100 Bat Masterson - opposes the demolition of Sherley Park baseball field. William Morgan, 2029 Helmoken Falls - he requested the public be allowed to speak on each agenda item as it appears on the agenda. Mr. Morgan recommended the Council pass an Ordinance giving Council final decision on Planning and Zoning items. City Attorney McCoy stated the fact that if any plat conforms to the City's Subdivision Regulations then the Planning and Zoning Commission should recommend approval. If the City Council determine's the plat conforms with all respects to the City's Subdivision Regulations then Council has a ministerial duty to approve the plat. If Council does not take action within 30 days after Planning and Zoning Commission's recommendation it is deemed approved. Andrew Michrina, 902 Fulbourne - asked Council to consider using the monthly water bill to communicate news to the citizens. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. Consent items c and d were removed. a. Approve the City Council Meeting Minutes for January 9, 2018. (City Secretary) b. Review Minutes of the December 4th, 2017 Planning and Zoning Meeting. C. Consider/Discuss/Act on recommendation regarding "Northpointe Crossing Phase 4" Final Plat The Northpointe Crossing Phase 4 final plat contains 41.99 acres located in the Samuel More Survey, Abstract No. 627 and the Robert Whitaker Survey, Abstract No. 1011. The final plat has 147 residential lots and 3 common area lots. The plat layout is in conformance with the existing zoning and subdivision regulations. The City has received a letter stating that no adverse downstream drainage will be caused by this development. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF NORTHPOINTE CROSSING PHASE 4. MOTI ON: Council Member Beazley moved to approve. Council Member Martinez seconded. Motion carried 5-2. Bryan and Miller opposed. d. Acceptance of 2017 Racial Profiling Report Texas Occupations Code 1701.164 specifies that Texas Commission on Law Enforcement (TCOLE) collect incident -based data in accordance with the Code of Criminal Procedure Article 2.131-2.138. Chief administrators of law enforcement agencies that meet the criteria must submit racial profiling reports to their governing body, as well as TCOLE. MOTION: Council Member Bryan moved to accept. Council Member Burr seconded. Motion carried all. e. Acceptance of 2017 Anna Police Department Annual Resistance to Force Report MOTI ON: Council Member Beazley moved to approve consent agenda items a, b and e. Council Member Miller seconded. Motion carried all. 6. Consider/Discuss/Act on a Resolution appointing a member to the Greater Texoma Utility Association Board of Directors. (City Council) Mr. David Stump appointed to the GTUA Board of Director's is stepping down and the Council will need to fill the vacancy created. The term will be for one-year expiring in December 2018. The qualifications for the position are as follows: (1) the person may not be a Director if he or she is an officer, employee, or member of the governing body of a municipal corporation, and (2) each Director shall be a qualified Elector of the city that nominates him or her. A RESOLUTION OF THE CITY OF ANNA, TEXAS MAKING AN APPOINTMENT TO THE GREATER TEXOMA UTILITY AUTHORITY BOARD OF DIRECTORS MOTION: Mayor Pike moved to appoint Ty Chapman. Council Member Bryan seconded. Motion carried 7-0. 7. Discuss/Consider creating a Neighborhood Design Standards Committee. (Maurice Schwanke) At a Comprehensive Planning Advisory Meeting a Neighborhood Design Manual was presented as a document that the Committee may want to recommend to the City Council to be pursued in the near future. Council Member Burr (a member of the committee) agreed and recommended it to be placed on a City Council Agenda. The Resolution before the Council would establish a committee and the makeup and structure of the Committee. At a subsequent meeting members of the Council would be asked to appoint members to the Committee. Since the last City Council Meeting the Resolution establishing the Committee has been adjusted to have 13 members. The Resolution identifies how the members are appointed and sets a recommended schedule for the selection. The anticipated selection and approval of the members would be on February 27th. Council discussion ensued with regards to the number of appointees. A RESOLUTION CREATING A NEIGHBORHOOD DESIGN ADVISORY COMMITTEE. MOTION: Council Member Burr moved to approve with 13 voting members. Council Member Martinez seconded. Motion failed 3 - 6. Reeves, Bryan, Miller and Pike opposed. Council discussion ensued with regards to the number of appointees. MOTION: Council Member Burr moved to approve subject to amending Section 3.02 by adding 5 advisory non -voting members; strike Mayor as a voting member; Section 3.02 (b) change number of P&Z from 2 to 1; Section 3.03 each Council Member to appoint 2 members. Council Member Martinez seconded. Motion carried 7-0. 8. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); Regulations compliance 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 9. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary No action. 10. Adjourn. Mayor Pike adjourned the meeting at 9:04 p.m. Approved on the February 13, 2018. Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith THE CITY OF AiAtia AGENDA ITEM: Item No. 5.b. City Council Agenda Staff Report Meeting Date: 2/13/2018 Review minutes of the CDC's meeting from November 2, 2017 and December 7, 2017. (Jessica Perkins) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type 11-2-2017 CDC Minutes 2/5/2018 Backup Material 12-7-2017 CDC Minutes 2/5/2018 Backup Material MINUTES OF REGULAR MEETING OFTHE ANNA COMMUNITY DEVELOPMENT CORPORATION Thursday, November 2, 2017 The Anna Community Development Corporation ("CDC") of the City of Anna met at 5:00' p.m., on Thursday, November 2, 2017, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order. Vice President Alonzo Tutson called the meeting to order at 5:04 p.m. 2. Roll Call and Establishment of Quorum. Directors in attendance: Alonzo Tutson, Doug Hermann, Brent Thomas, Connie Stump. Directors in Abstention: Anthony Richardson, James Gurski and Nate Pike. Others in attendance: Clark McCoy, legal counsel for CDC, and Jessica Perkins Chief Administrative Officer. 3. Invocation and Pledge. Brent Thomas gave the invocation and led the pledge. 4. Citizen Comments. None 5. Discuss request from Oncor Electric Delivery for an easement on the north side of the Anna Business Park property. Jessica Perkins will get with Oncor about going underground with the lines and report back to the board. 6. Update on projects at Natural Springs Park. Jessica Perkins gave update on the Natural Springs Park project. 7. CLOSED SESSION (exceptions): a. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072) b. Consult with legal counsel on matters in which the duty of the attorney to the 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 ); 'ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation. 11-2-2017 Reg CDC Meeting — Page - 1 C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect thatthe Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); discuss potential sales tax reimbursement or grant agreements. Motion was made by Connie Stump to enter into closed session. Seconded by Brent Thomas. Motion Passed by all. The Board went into closed session at 5:31 p.m. After a brief discussion Connie Stump made a motion to return to open session. The motion was seconded by Doug Hermann. All in favor. The Board returned to open session at 5:45 p.m. 8. Receive update from staff regarding year-end balance and financial matters. Jessica Perkins gave a report regarding year-end balance and financial matters. 9. Consider/Discuss/Action regarding minutes from October 5, 2017 Brent Thomas made a motion to approve the October 5, 2017 minutes. Seconded by Doug Hermann. Motion passed by all. 10. Adjourn. Motion made by Doug Hermann to adjourn. Seconded by Connie Stump. Motion passed by all. Meeting was adjourned at 5:49 p.m. APPROVED: Alon o Tut on, CDC President ATTESTED: Laur tta Blacketer, CDC Secretary 11-2-2017 Reg CDC Meeting — Page - 2 MINUTES OF REGULAR MEETING OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION Thursday, December 7, 2017 The Anna Community Development Corporation ("CDC") of the City of Anna met at 5:00' p.m., on Thursday, December 7, 2017, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order, Roll Call and Establishment of Quorum Vice President Alonzo Tutson called the meeting to order at 5:01 p.m. Directors in attendance: Alonzo Tutson, Jim Gurski, Brent Thomas, Connie Stump, and Anthony Richardson. Directors in Abstention: Doug Hermann Others in attendance: Clark McCoy, legal counsel for CDC, and Jessica Perkins Chief Administrative Officer, Lauretta Blacketer, CDC Secretary. 2. Citizen Comments. Jim Luscombe address of 1303 West Foster Crossing. Mr. Luscombe ask the board to consider Alonzo Tutson for the roll of President of the Anna Community Development Corporation. 3. Consider/Discuss/Action accepting Nate Pike's resignation from the board. Connie Stump made a motion to accept Nate Pike's resignation. Seconded by Jim Gurski. All in favor motion passed.. 4. Consider/Discuss/Action regarding electing a president. There were several nominations. 1. Alonzo Tutson was nominated for president by Brent Thomas and seconded by James Gurski. Vote — 2 yes and 2 no's — motion failed. 2. Connie Stump was nominated for president by herself and seconded by Anthony Richardson. Vote — 1 yes and 3 no's — motion failed. 'ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation. IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it st considered necessary and legally,justified under the Opening Meetings Act. Disable persons who want to attend this meeting and who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 12-7-2017 Regular CDC Minutes.doc 3. Anthony Richardson was nominated for president by himself and seconded by James Gurski. Vote — 1 yes and 3 no's — motion failed. 4. Alonzo Tutson was re -nominated for president by Connie Stump and seconded by Brent Thomas. Vote — all in favor. Motion passed by all 5. Consider/Discuss a proposal for an entry feature and median landscape design for the Anna Business Park. Ms. Perkins reviewed a proposal and basic concept plan for landscape and entry feature for the Anna Business Park. The board instructed Ms. Perkins to gather quotes from several vendors and bring back to the board at a future meeting. 6. Consider/Discuss/Action regarding approving a resolution authorizing an amendment to an existing project and economic development agreement with Q Seminole Anna Town Center L.P. Anthony Richardson made a motion to approve the resolution authorizing an amendment to an existing project and economic development agreement with Q Seminole Anna Town Center L.P. Seconded by James Gurski. Motion passed by all. 7. Financial Update Ms. Perkins gave a brief financial update to the board. 8. Adjourn. Brent Thomas made a motion to adjourn. Anthony Richardson seconded the motion. Motion passed by all. The meeting adjourned at 5:27pm. APPROVED: Alonzo utso , CDC President ATTESTED: �� I (.t-u�t,ci� V�Lr✓i��Zv L�bretta Blacketer, CDC Secretary IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it si considered necessary and Icgallyjustified under the Opening Meetings Act. Disable persons who want to attend this meeting and who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 12-7-2017 Regular CDC Minutes.doc THE CITY OF AiAtia AGENDA ITEM: Item No. 5.c. City Council Agenda Staff Report Meeting Date: 2/13/2018 Review minutes of the EDC's meeting from November 2, 2017 and December 7, 2017. (Jessica Perkins) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type 12-7-2017 EDC Minutes 2/5/2018 Backup Material 11-2-2017 EDC Minutes 2/5/2018 Backup Material MINUTES OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION JL Thursday, December 7, 2017 DEVELOPMENT CORPORATION The Anna Economic Development Corporation ("EDC") of the City of Anna met at 5:00 p.m.', on Thursday, December 7, 2017, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. Call to Order, Roll Call and Establishment of Quorum. Connie Stump, President, called the meeting to order at 5:27 p.m. After roll call and a declaration that a quorum was present, the floor was open for business. Directors in attendance: Alonzo Tutson, Brent Thomas, Connie Stump, Anthony Richardson, and James Gurski. Directors in Abstention: Doug Hermann Staff in attendance: Clark McCoy, legal counsel for the CDC and EDC boards; Jessica Perkins, Chief Administrative Officer; and Lauretta Blacketer, secretary. 2. Citizen Comments None 3. Consider/Discuss/Action approving a resolution authorizing an amendment to an existing project and economic development agreement with Q Seminole Anna Town Center L.P. Motion made by Anthony Richardson to approve a resolution authorizing an amendment to an existing project and economic development agreement with Q Seminole Anna Town Center L.P. Seconded by Brent Thomas. Motion passed by all. 4. Discussion/Update on renovations to 312 North Powell Parkway Jessica Perkins update the board on the renovations to 312 North Powell Parkway. After the wall was completed the rooms seem to be dark so there was discussion to add some additional lighting. 5. Consider/Discuss/Action regarding approving a resolution authorizing a lease agreement with the Greater Anna Chamber of Commerce for lease space at Inc - Cube located at 312 North Powell Parkway. Alonzo Tutson made a motion to approve a resolution authorizing a lease agreement with the Greater Anna Chamber of Commerce for lease space at Inc -Cube located at 312 North Powell Parkway. Seconded by Brent Thomas. Motion passed by all. [Type text] NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Community Development Corporation, 12-07-2017 Reg EDC Meeting — Page 1 6. Discussion/Recommendation for change in mowing contract for 312 North Powell Parkway. Jessica Perkins recommended that beginning in January 2018 the board should consider a professional services agreement with the City's Park Staff for mowing and landscape services. The Parks Department would and could give them more services for their money such as tree trimming and mulching. 7. Closed Session (exceptions): a. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §651.072) b. Consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §661.087); property located at 312 North Powell Parkway. Brent Thomas made a motion to enter closed session. Alonzo Tutson seconded the motion. The board enter closed session at 5:39pm. After a brief discussion, Anthony Richardson made a motion to return to open session. Seconded by James Gurski. The board returned to open session at 6:02pm 8. Financial Update. Jessica Perkins gave a brief Financial update to the board. NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Community Development Corporation. 12-07-2017 Reg EDC Meeting — Page 2 9. Adjourn. Alonzo Tutson made a motion to adjourn the meeting. Brent Thomas seconded the motion and the meeting adjourned at 6:04 p.m. President of EDC ATTESTED: 1� 4tta Blacketer Secretary of EDC NOTICE REGARDING MEETING TNIE: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Community Development Corporation. 12-07-2017 Reg EDC Meeting — Page 3 MINUTES ANNA ECONOMIC DEVELOPMENT CORPORATION Thursday, November 2, 2017@ 5:00 PM ECONOMIC Anna City Hall, Council Chambers DEVELOPMENT 111 N. Powell Parkway, CO RPORA TIN Y, Anna, Texas 75409 The Anna Economic Development Corporation will conduct a meeting at 5:00 PM on November 2, 2017, at the Anna City Hall Administration Building, 111 N. Powell Parkway, to consider the following items: 1. Call to Order, Roll Call and Establishment of Quorum. Connie Stump President called the meeting to order at 5:50 p.m., and after roll call and the establishment of a quorum, the following items were presented to the Directors for their consideration. Directors in attendance: Alonzo Tutson, Brent Thomas, Connie Stump, and Doug Hermann. Directors in Abstention: Nate Pike, Anthony Richardson, and James Gurski Others in attendance: Clark McCoy, legal counsel for EDC; and Jessica Perkins Chief Administrative Officer. 2. Invocation and Pledge. Brent Thomas gave the invocation and lead the pledge 3. Citizen Comments. None 4. Report of the events from the TEDC conference. (AlonzoTutson) Alonzo Tutson gave a report on the TEDC conference he and Jessica Perkins attended. 5. Update onthe agreement with the Anna Education Foundation regarding the grant from 2015 for the CTE program. Jessica Perkins gave a report from the CTE Grant Agreement with Anna Education Foundation. 6. Consider/Discuss/Action regarding approving a resolution authorizing a fiscal year 2017-2018 budget amendment. 11-2-2017 Reg EDC Meeting — Page Brent Thomas made a motion to approve a resolution authorizing a fiscal year 2017-2018 budget amendment as per Exhibit A. Seconded by Alonzo Tutson. Motion passed by all. Receive status reportfrom staff regarding financial matters. Jessica Perkins gave an update regarding the financial matters. Consider/Discuss/Action approving minutes from the October 5, 2017 meeting. Alonzo Tutson made a motion to approve the minutes from the October 5, 2017 meeting. Seconded by Doug Hermann. Motion passed by all. Adjourn. Brent Thomas made a motion to adjourn the meeting. Seconded by Alonzo Tutson. Motion Passed by all. Meeting was adjourned at 6:05 p.m. APPROVED: onstance Stump President of EDC ATTESTED: 4Lu2retMta Blacket Secretary of EDC 11-2-2017 Reg EDC Meeting — Page THE CITY OF AiAtia AGENDA ITEM: Item No. 5.d. City Council Agenda Staff Report Meeting Date: 2/13/2018 Review minutes of the Park Board's meetings for November 27, 2017 and December 18, 2017 (Maurice Schwanke). SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description November 27th Meeting December 18th Meeting Upload Date Type 2/5/2018 Exhibit 2/5/2018 Exhibit MINUTES (Special) ANNA PARK BOARD SPECIAL MINTES November 27, 2017 The Park Board of the City of Anna held a special meeting on Monday, November 27, 2017, at 7:00 p.m. at the Community Room of Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to order and establishment of quorum. Meeting was called to order at 7:02 p.m. Members present were Ginny Finan, Kirby Barret, Judith Waldrop and Stan Carver. Staff present was Maurice Schwanke and Matt Lewis. 2. Consider/ Discuss/ Action concerning the approval of a resolution approving a special event application by Kevin Hall, Executive Director and representative for the Greater Anna Chamber of Commerce to sponsor a "Christmas Parade" event to be held on Saturday, December 9th, 2017. A brief presentation was made by Mr. Schwanke regarding the Christmas parade. Kevin Hall, representative for the Greater Anna Chamber of Commerce was present for meeting. A motion was made by Judith Waldrop, seconded by Ginny Finan to recommend approval regarding the Christmas parade. Motion carried. 3. Consider/ Discuss/ Action regarding the name change of Sherly Park. A motion was made by Judith Waldrop, seconded by Ginny Finan to recommend approval regarding the name change of Sherly Park, Motion Carried 4. Consider, Discuss, Action regarding Collin McKinney Statue. A motion was made by Kirby Barret, seconded by Ginn Finan to recommend approval of the Collin McKinney Statue. Motion Carried 5. Park Minutes • October 16, 2017 A motion was made by Kirby Barrett, seconded by Ginny Finan to approve the above minutes. Motion Carried 6. Adjourn A motion was made by Judith Waldrop, seconded by Kirby Barret to adjourn the meeting. The meeting adjourned at 8:25 p.m. Park Board Minutes (Special) 11/27/17 ATTEST: j Maurice Schwanke Director of Planning and Development Park Board Minutes (Spacial) 11l27/17 MINUTES ANNA PARK BOARD REGULAR MEETING December 18, 2017 The Park Board of the City of Anna held its regularly scheduled meeting on Monday, December 18, 2017, at 7:00 p.m, at the Community Room of Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to order and establishment of quorum. Meeting was called to order at 7:06 p.m. Members present were Stan Carver, Judith Waldrop and Kirby Barrett. Staff present was Maurice Schwanke and Matt Lewis. Residents of Anna Joe Crowder and Andy Michrina and Council Justin Burr was also present at meeting. 2. Consider/ Discuss/Action regarding a Revised Concept Plan for Natural Springs Park. No action was taken. 3. Status of Natural Springs Park and Sherley Park improvements. Mr. Schwanke provided updates regarding the above parks. 4. Park Minutes • November 27, 2017 A motion was made by Judith Waldrop, seconded by Stan Carver to approve the November 27, 2017 park minutes. Motion Carried 5. Adjourn A motion was made by Stan Carver, seconded by Judith Waldrop to adjourn meeting. Motion Carried. meeting adjourned at 8:00 p.m. The a LU=� Maurice Schwanke Director of Planning and Development ATTEST. Park Board Minutes 12/18/17 THE CITY OF AiAtia AGENDA ITEM: Item No. 5.e. City Council Agenda Staff Report Meeting Date: 2/13/2018 Approval of a Resolution supporting the reconstruction and expansion of State Highway 5 in the City of Anna by the Texas Department of Transportation. (Joseph Johnson) SUMMARY: The Texas Department of Transportation (TxDOT) has proposed an estimated $70 million project to reconstruct and widen State Highway (SH) 5 from SH 121 to County Road (CR) 375 in the Cities of Anna and Melissa in Collin County, Texas. The project would expand SH 5 to a four -lane divided urban roadway with 18 to 42-foot wide raised center medians, curb and gutter, turn lanes at designated locations and the inclusion of bicycle and pedestrian facilities. While the project is currently unfunded, it is anticipated that funding will be allocated for the project following environmental clearance. TxDOT will be scheduling a Public Hearing for late March or early April 2018 as part of the process and expects environmental clearance in May of 2018. Right-of-way acquisition for the project is expected to be completed by September of 2019 followed by utility relocation from September 2019 to January 2021. The expected let date for road construction is anticipated to occur in April of 2021. There has been some discussion regarding phasing the project from south to north which would change the construction schedule to some degree but would provide for some flexibility in the City's funding of the required utility relocations. Staff will continue to work closely with TxDOT to firm up the phasing and schedule as this project progresses through design. The proposed Resolution would affirm the City Council's support for the project and, if approved, would be formally presented at the upcoming Public Hearing by a member of Council or staff. The SH 5 Reconstruction & Widening Project supports the following goals from the City's adopted Strategic Plan: (1) Upgrade City Facilities & I nfrastructure (2) Build Transportation Infrastructure STAFF RECOMMENDATION: Staff recommends approval of the Resolution supporting the reconstruction and expansion of State Highway 5 in the City of Anna by the Texas Department of Transportation. ATTACHMENTS: Description Upload Date Type Resolution of Support 2/7/2018 Resolution CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS IN SUPPORT OF THE RECONSTRUCTION AND WIDENING OF STATE HIGHWAY 5 FROM STATE HIGHWAY 121 TO COUNTY ROAD 375. WHEREAS, improved traffic mobility will complement economic development, improve air quality, advance traffic safety, and generally enhance the quality of life for all residents; and, WHEREAS, the Texas Department of Transportation (TxDOT) has proposed a project to reconstruct and widen State Highway (SH) 5 from SH 121 to County Road (CR) 375 in the Cities of Anna and Melissa in Collin County, Texas; and, WHEREAS, the proposed project would expand SH 5 to a four -lane divided urban roadway with 18 to 42-foot wide raised center medians, curb and gutter, turn lanes at designated locations and the inclusion of bicycle and pedestrian facilities; and, WHEREAS, the schematic design is complete and TxDOT is proceeding through the environmental process; and, WHEREAS, TxDOT will hold a Public Hearing at which this Resolution could be presented; and, WHEREAS, the City Council supports this project and acknowledges the benefits to our City, 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. Affirmation. The City of Anna affirms its support of the reconstruction and widening of SH 5 from SH 121 to CR 375 as proposed by the Texas Department of Transportation. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13t" day of February 2018. ATTEST: APPROVED: City Secretary Carrie L. Smith Mayor Nate Pike RESOLUTION: SH 5 SUPPORT PAGE 1 OF 1 2/13/18 THE CITY OF AiAtia AGENDA ITEM: Review Quarterly Investment Report (Dana Thornhill) SUMMARY: Item No. 5.f. City Council Agenda Staff Report Meeting Date: 2/13/2018 In accordance with the Public Funds Investment Act, the City of Anna is required to submit a quarterly report on the investment of all Public Funds held by the City. The attached report has been developed with our investment advisors, Valley View Consulting, LLC. The report includes the following: • Review of economic conditions • Reviewof the City's holdings • Comparison of book vs. market value • Allocation information • Other information related to PFIA STAFF RECOMMENDATION: No action by Council is required. ATTACHMENTS: Description Upload Date Type Quarterly Investment Report for the Month Ending 2/1/2018 Staff Report December 2017 CITY OF AN NA, TEXAS QUARTERLY INVESTMENT REPORT For the Quarter Ended December 31, 2017 Prepared by Valley View Consulting, L.L.C. The investment portfolio of the City of Anna is in compliance with the Public Funds Investment Act and the I nvestMen,Policy and Strat"es. Disclaimer: These reports were compiled using information provided by the City. No procedures were performed to test the accuracy or completeness of this information. The market values included in these reports were obtained by Valley View Consulting, L.L.C. from sources believed to be accurate and represent proprietary valuation. Due to market fluctuations these levels are not necessarily reflective of current liquidation values. Yield calculations are not determined using standard performance formulas, are not representative of total return yields, and do not account for investment advisor fees. Summary Quarter End Results by Investment Category: Asset Type Ave. Yield Bank DDA/MMA/NOW 0.45% TexPool 1.18% Securities/CDs 0.65% Totals Current Quarter Average Yield (i) Total Portfolio 0.46% Rolling Three Mo. Treas. Yield 1.23% Rolling Six Mo. Treas, Yield 1.26% Quarterly Interest Income $ 19,701 Year-to-date Interest Income $ 19,701 December 31. 2017 Book Value Market Value $ 19,080,029 $ 191080,029 2655625 265,625 248.329 248 329 September 30, 2017 Book Value Market Value $ 151803,784 $ 15,8031784 2641899 264, 899 247,767 247.767 Fiscal Year -to -Date Average Yield (z) Total Portfolio 0.46% Rolling Three Mo. Treas. Yield 1.23% Rolling Six Mo. Treas. Yield 1.26°% Quarterly TexPool Yield 1,18% (1) Average Yield calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisory fees. (2) Fiscal Year -to -Date Average Yields calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisory fees. Valley View Consulting, L.L.C. Page 1. Economic Overview 12/3112017 The Federal Open Market Committee (FOMC) increased the Fed Funds target range to 1.25-/ - 1.50 % (Effective Fed Funds are trading +/-1.41%) at the Dec FOMC meeting. Two to three additional increases are projected for 2018 (although subject to economic activity). Gradual portfolio reduction continues by limiting reinvestment of maturing holdings. Third Quarter 2017 GDP measured 3.2%. December Non Farm Payroll data recorded a weaker than expected +148k. US economic data continues positive trend. Washington passed an extensive tax cut. Crude oil trading +/-$60 on Middle Eastern turmoil. The Stock Markets once again achieved new highs. Jerome Powell will replace Fed Chair Janet Yellen. 3.00 2.50 2.00 1,60 1,00 0.60 0.00 5.50 5.00 4.50 4.00 3.50 3,00 2.50 2.00 1.50 1.00 0.50 0.00 Treasu Yield Curves %000 I Op OF �R� 6Ap,OY4-�yOy_q- yy Q- oy�? December 31, 2016 September 30, 2017 December 31, 2017 US Treasury Historical Yields -Since 2006 �.ArA ��7 1 IA -am SLAAM o.00 z,7sD z,soo 2,250 2,OD0A&doqft AL 1,750 1,500 zsa 1,000 750 500 250 - 0 A0 0 A°j 9 ^� ^A n^ ^^ ^'ti 0 n n nb ^d 46 ^0 ^6 ^6 ^1 ^1 lea 9e�tfa� ye ^yx� er ^yap ye`Y NV eer ^1'°^ yQ �V'° US Treasury Historical Yields - Since Nnv 2015 A ^ A�, /% f ► i r /r / /r err wIr ^6 ^6 ^6 ^6 �etY t' tie�J\ Valley View Consulting, LLC: Page 2. Investment Holdings December 31, 2017 Coupon/ Maturity Settlement Book Market Market Life Description Ratings Discount Date Date Par Value Value Price Value (days) Yield Independent Bank 0,45% 01/01/18 12/31/17 $ 191080,029 $ 19,080,029 1,000 $ 19,080,029 1 0.45% TexPool AAArn 1.18% 01/01/18 12/31/17 265,625 265,625 1.000 265,625 1 1,18% Texas Star Bank CD 0.65% 04/07/18 04/07/16 248,329 248,329 100.00 248,329 97 0.65% $ 19,593,984 $ 19,593,984 $ 19,593,984 2 0.46% (1) (2) (1) Weighted average life -For purposes of calculating weighted average life, pool and bank account investments are assumed to have a one day maturity. (2) Weighted average yield to maturity -The weighted average yield to maturity is based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not considered. The yield for the reporting month is used for pool and bank account investments. Valley View Consulting, L.L.C. Page 3. Portfolio Composition Total Portfolio (Millions) s2o $15 $10 55 oe� ,�o n n♦; .,h M1 h ,A A n a .� a 9 0 0 n n n.r� n bme d' F�^)'� po AeQ O" e1'ay�,�2°CO`va!'a 'o cPptl' �y .,�r A �.rb s'ob°a0' �d1y"a' cPQ o°va4d y$y 2°V o�aD� 1'0 �t" tl' � s'Kb°70" Total POMolio Pertormance 7.40 1.20 1.00 0.80 v 0.60 a 0.40 0.20 0.00 A �1'ey, � C' � TexPoDI � Weighted Average Yield Valley Yew Conrvilia0. LI..e. Page 4. Book Value Comparison TexPool Texas Star Bank CD TOTAL Coupon/ Maturity 1.18% 01/01/18 0.65% 04/07/18 September 30, 2017 December 31, 2017 Purchases/ Sales/Adjust/ Par Value Book Value Adjustments Maturities Par Value Book Value $ 1528033784 $ 155803,784 $ 31276,246 $ — $ 19,0802029 $ 19,080,029 264,899 264,899 726 265,625 265,625 247,767 247,767 562 248,329 248,329 $ 16 316 450 $ 16 316 450 $ 32277,534 $ — $ 19 593 984 $ 19 593 984 Market Value Comparison September 30, 2017 December 31, 2017 Maturity Market Qtr to Qtr Market Description Date Par Value Price Market Value Change Par Value Price Market Value Independent Bank 01/01/18 $ 1528032784 1.00 $ 15,8031784 $ 33276,246 $ 19,0803029 1,00 $ 19,080,029 TexPool 01/01/18 264,899 1.00 264,899 726 265,625 1.00 265,625 Texas Star Bank CD 04/07/18 247,767 100,00 247,767 562 248,329 100.00 2487329 TOTAL $ 16,316,450 $ 16,316,450 $ 3,277 534 $ 19 593 984 $ 19,593,9 44 Page 5. Valley View Consulting, L.L.C. Allocation Book &Market Value Independent Bank TexPool Texas Star Bank CD Totals General Total 080,029 $ 19,$ 6,640,492 2652625 2085379 165 General Debt Service General Fund - Fund - Capital Restricted General Projects 1,255 $ 1,245,892 $ — December 31, 2017 Utilities Utilities Funds - perating Restricted EDC CDC 10,2975863 $ — $ 233,933 $ 660,594 57,245 Valley View Consulting, L.L.C. Page 6. Allocation Book &Market Value uiaepenuern aanrc TexPool Texas Star Bank CD Totals General Total 803,784 $ 15,$ 3,298,148 2643899 207,810 123,884 General Debt Service General Fund - Fund - Capital Restricted General Projects 91778 $ 482,992 $ 735286 September 303 2017 Utilities Utilities Funds = perating Restricted EDC CDC 6,0741201 $ 41403,028 $ 327,424 $ 472,345 57,089 31884 Valley View Consulting, L.L.C. Page 7. THE CITY OF AiAtia AGENDA ITEM: Item No. 5.g. City Council Agenda Staff Report Meeting Date: 2/13/2018 Approval of a Resolution and I nterlocal Agreement with Collin County for Dispatch Services for Fire Department SUMMARY: Each year the City enters into a I LA with Collin County for Dispatch services for the Police Dept. Recently the County discovered that I LA's had not been done with area Fire Departments. This I LA will not change procedures that have been taking place over the years. The County will still provide Dispatch Services to the Fire Department at zero cost. STAFF RECOMMENDATION: Approve Resolution and I LA with Collin County for Dispatch Services for Fire Department. ATTACHMENTS: Description Upload Date Type Resolution for I nterlocal Agreement with Collin County for 2/8/2018 Staff Report Dispatch services for Fire Dept. ILA for Dispatch Services for Fire Dept. 2/8/2018 Staff Report Attachment A 2/8/2018 Staff Report CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL DISPATCH SERVICES AGREEMENT WITH COLLIN COUNTY, TEXAS. WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that an agreement for Dispatch Services with Collin County is vital to support the City of Anna Fire Departments mission to preserve and protect the public health and safety of the City's residents; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Whereas, Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 1. The City Council hereby approves the Interlocal Dispatch Services Agreement attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement that shall remain in force until October 1, 2018. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 13th day of February 2018. ATTEST: APPROVED: City Secretary Carrie L. Smith Mayor Nate Pike RES. 2013-07-02 Amending Cty Jail Services Agreement PAGE 1 of 1 07-09-13 INTERLOCAL DISPATCH SERVICES AGREEMENT This agreement is entered into on the day of 2018, by and between the Anna Fire Department (the "Fire Department") and Collin County, a political subdivision of the State of Texas (the "County"). RECITALS 1. The County, through the Sheriff's Office, owns and operates communication facilities used in dispatching its law enforcement and emergency service personnel. 2. The Fire Department desires to obtain certain dispatch services from the County. Therefore, under the authority of Texas Government Code, Title 7, Interlocal Cooperation Act, Section 791 et seq., the parties agree as follows: SECTION 1. DEFINITIONS DISPATCH SERVICES. The term "Dispatch Services" means all services necessary for the Collin County Sheriff's Office to receive calls for Fire/EMS services within the Fire Department's jurisdiction and to dispatch the Fire personnel in response to such calls. HOSTING SERVICES. The term "Hosting Services" means the County will store the Fire Department's data as it relates to dispatch services. SECTION 2. FIVOITL i 2.01 TERM. The term of this agreement shall commence on October 1, 2017, and shall continue in full force and effect through September 30, 2018. 2.02 TERMINATION. Either party may terminate this agreement by giving ninety (90) days written notice to the other party. SECTION 3. SERVICES 1 3.01 The County agrees to provide dispatch services through the Sheriff's Office to the Fire Department in the same manner and under the same work schedule as such services are provided in the operation of the County's law enforcement personnel. 3.02 Hosting Services. The County agrees to provide Hosting Services to the Fire Department and that it will provide 95% uptime availability of the service as covered herein. 3.03 Scheduled Maintenance: The Fire Department hereby acknowledges that the County may, from time to time, perform maintenance service on the County network, with or without notice to the Fire Department, which may result in the unavailability of the County network. Emergency maintenance and maintenance for which the County has not given the Fire Department notice in accordance with this Agreement shall not be deemed scheduled maintenance for purposes of this Agreement. The County will make every effort to notify the Fire Department prior to scheduled maintenance. Notice may be given in various forms including but not limited to email notice and/or phone call. 3.04 Hosted Data Ownership. The Fire Department shall have sole ownership of the Fire Department's hosted data and the County shall make no claim to ownership of Fire Department's hosted data. 3.05 Hosted Data Back Up. The County will back up the Fire Department's hosted data on a daily basis. All data backups will meet Criminal Justice Information Systems (CJIS) requirements. Every effort is made to ensure the reliability of the backed up data in the event that it would be necessary to restore a database. The County, however, makes no guaranties that the backed up database will be error free. Upon request, the County will provide to the Fire Department a current W database backup that can be restored to an alternate location to verify the contents and confirm the quality of the backup. All services required to provide the Fire Department's data and/or verify data will be provided in accordance with the County's current rates. 3.06 VPN Agreement. For each user the Fire Department is required to complete and return Attachment (A), Connection Policy and Agreement Form for the Virtual Private Network (VPN) and return to County to the address in 9.02 item (C). No access will be given to user unless County has received a VPN Agreement. SECTION 4. NONEXCLUSIVITY OF SERVICE PROVISION The parties agree that the County may contract to perform services similar or identical to those specified in this agreement for such additional governmental or public entities as the County, in its sole discretion, sees fit. SECTION 5. COMPENSATION 5.01 The dispatch service charges for FY2018 are in the amount of $0. SECTION 6. CIVIL LIABILITY 6.01 Any civil liability relating to the furnishing of services under this agreement shall be the responsibility of the Fire Department. The parties agree that the County shall be acting as agent for the Fire Department in performing the services contemplated by this agreement. 6.02 The Fire Department shall hold the County free and harmless from any obligation, costs, claims, judgments, attorney's fees, attachments, and other such liabilities arising from or growing out of the services rendered to the Fire Department pursuant to the terms of this agreement or in any way connected with the rendering of said services, except when the same shall arise because of the willful 3 misconduct or culpable negligence of the County, and the County is adjudged to be guilty of willful misconduct or culpable negligence by a court of competent jurisdiction. SECTION 7. AMENDMENT This agreement shall not be amended or modified other than in a written agreement signed by the parties. SECTION 8. CONTROLLING LAW This agreement shall be deemed to be made under, governed by, and construed in accordance with the laws of the State of Texas. SECTION 9. NOTICES 9.01 FORM OF NOTICE. Unless otherwise specified, all communications provided for in this agreement shall be in writing and shall be deemed delivered, whether actually received or not, forty-eight (48) hours after deposit in the United States mail, first class, registered or certified, return receipt requested, with proper postage prepaid or immediately when delivered in person. 9.02 ADDRESSES. All communications provided for in this agreement shall be addressed as follows: (A) Collin County, to: Purchasing Department 2300 Bloomdale #3160 McKinney, Texas 75071 (B) If to the Fire Department, to: 2 (C) Collin County, Virtual Private Network (VPN) to: Information Technology Department 2300 Bloomdale #3198 McKinney, Texas 75071 Or to such person at such address as may from time to time be specified in a notice given as provided in this Section 9. In addition, notice of termination of this agreement by the Fire Department shall be provided by the Fire Department to the County Judge of Collin County as follows: The Honorable Keith Self Collin County Judge Collin County Administration Building 2300 Bloomdale Rd. Suite 4192 McKinney, Texas 75071 SECTION 10. CAPTIONS The headings to the various sections of this agreement have been inserted for the convenient reference only and shall not modify, define, limit or expand the express provision of this agreement. SECTION 11. COUNTERPARTS This agreement may be executed in counterparts, each of which, when taken separately, shall be deemed an original. SECTION 12. OBLIGATIONS OF CONDITION All obligations of each party under this agreement are conditions to further performance of the other party's continued performance of its obligation under the agreement. SECTION 13. EXCLUSIVE RIGHT TO ENFORCE THIS AGREEMENT The County and the Fire Department have the exclusive right to bring suit to enforce this Agreement, and no party may bring suit, as a third -party beneficiary 5 or otherwise, to enforce this agreement. SECTION 14. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written oral agreements between the parties respecting the services to be provided under this agreement. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN. "COUNTY" COLLIN COUNTY, TEXAS BY: TITLE: DATE: "FIRE DEPARTMENT" TITLE: DATE: no Attachment "A" Law Enforcement Officers remote connectivity Policy and Agreement Form Virtual Private Network (VPN) 1.0 Purpose The purpose of this document is to provide the framework for granting remote access to Collin County services/equipment through a Virtual Private Network (VPN) so that an Authorized Party of a law enforcement agency (Agency) may access its data hosted on Collin County's network. 2.0 Scope This policy applies to all Law Enforcement Officers utilizing VPN to access the Collin County network (such persons referred to herein as "Authorized Parties"). This policy applies to all Collin County VPN implementations. 3.0 Policy Authorized parties may utilize the benefits of VPN, which are a "user managed" service. This means that the Authorized party is responsible for selecting an Internet Service Provider (ISP), coordinating installation, installing any required software, and paying associated fees as may be required to access the VPN. Additionally, 1. It is the responsibility of the Authorized Party to ensure that unauthorized users are not allowed access to Collin County internal networks. User accounts and passwords are NOT to be shared with anyone. 2. Authorized Parties and the Collin County employees sponsoring the request for VPN are responsible for defining what services/equipment/software the Authorized Parties need access to. Access will be restricted to only those defined objects. Attempting to connect or access any service/device not defined will be considered a violation of the Collin County VPN policy and will be reported to the Authorized Party's agency 3. The Authorized Parties and the Collin County employees sponsoring the VPN request are also responsible for defining the time scope that the VPN account will be active. All accounts are setup with an expiration date not to exceed 6 months, unless otherwise authorized to be a longer timeframe or permanent by the County. 4. VPN use is to be controlled using either a one-time password authentication such as a token device or a public/private key system with a strong pass phrase. 5. When actively connected to the county network, the VPN will force all traffic to and from the remote PC over the VPN tunnel; all other traffic will be dropped. 6. Dual (split) tunneling is NOT permitted; only one network connection is allowed. 7. VPN gateways will be established and managed by Collin County Information Technology Department. 8. All computers connected to Collin County internal networks via VPN or any other technology must use the most up-to-date anti -virus software from a reputable IT agency; this includes personal computers. 9. All Authorized Parties connecting to the Collin County internal networks via VPN or any other technology must keep their systems up to date with the latest security patches for their operating system and applications installed on their connecting systems. 10. Authorized Parties may be automatically disconnected from Collin County's network after sixty minutes of inactivity. The user must then logon again to reconnect to the network. 11. Authorized Parties that are not Collin County owned equipment must comply with the Collin County acceptable use policy when accessing the Internet while connected through the VPN. 12. Only approved VPN clients may be used. 13. Upon termination of a contract from Collin County, or at the request of the Collin County staff, the Authorized Party must uninstall the VPN connection from the Authorized Party's computer. 14. Agency expressly agrees to notify the County of staffing changes involving an Authorized Party with access to the County's network within 24 hours or next business day. 15. After six months of expired inactivity, Active Directory and VPN accounts of an Authorized Party will be permanently deleted, unless otherwise approved by the County. 16. Accounts will be locked out after a certain number of failed attempts. 17. Authorized Parties who have lost their password will have to contact their sponsoring agency to request a password reset. The sponsoring agency will then contact Collin County IT to reset the password for the VPN user. The sponsoring agency is the Sheriff's Office. 18. It is the responsibility of the Authorized Party to install, configure, setup and support any issues with their systems to connect to Collin County based on the information provided to them. 19. Authorized Parties connect at their own risk and Collin County is not responsible for any damages that they may incur from connecting through the VPN to Collin County 20. Prior to acquiring VPN access all Authorized Parties will be required to pass a background check unless otherwise approved by the County. 21. If the County migrates to a new network connection technology it is the responsibility of the Agency to budget and obtain any required technology upgrade in order to maintain their network connection to the County. The Agency will be provided advance notification for this change. 4.0 Granting Access To obtain access via VPN, the Agency and Authorized Party must be sponsored by a party currently employed at Collin County and IT must agree this access is needed for the Collin County information systems. The Agency and Authorized Party must sign this form agreeing to protect the security of the Collin County network. For external Authorized Parties, the Request for VPN Access must be signed and approved by the Manager who is responsible for the external Authorized Party's use. VPN expiration will be based on the contract length unless further time is requested by Collin County Management. The initial setup and testing will be performed during normal operating hours, Monday — Friday, 8 am — 5 pm, and requires a minimal of two weeks' notice to schedule. 5.0 Enforcement Collin County Information Technology Department may actively monitor the VPN concentrator for any suspicious and inappropriate activity. Any Authorized Party found to have violated any part of this policy may have their VPN access terminated immediately. 6.0 Liability Agency expressly agrees that they shall be liable for any and all damages, including but not limited to actual, consequential, or incidental damages, for disruptions caused by their negligence or intentional misconduct, including that caused by their Authorized Parties, to the County's services/equipment resulting from or related to Agency's connection to the County's networks. Unauthorized access or use is prohibited and will be prosecuted to the fullest extent. Anyone using this system expressly consents to monitoring and is advised that if such monitoring reveals possible evidence of criminal activity system personnel may provide the evidence of such monitoring to law enforcement officials. Anyone using the system connects at their own risk and assumes all responsibilities for any possible damage to their own equipment. 7.0 Definitions Term Definition VPN Virtual Private Network. An extension of Collin County's internal private network. VPN Concentrator Physical device that manages VPN connections. VPN Client Remote computer with VPN software utilizing VPN services. Agency Person in Agency company that can take responsibility for the liability clause Management of this document. Dual (split) When utilizing VPN, a connection (tunnel) is created to Collin County's tunneling network utilizing the Internet. Dual split tunneling allows for this connection as well as secondary connection to another source. This technology is NOT supported when utilizing Collin County's VPN. User Employee, Agency, contractor, consultant, temporaries, customers, government agencies, etc. Sponsoring Party Collin County employee requesting access for a non -employee user to have access to Collin County services/equipment through the VPN. The employee may be someone in IT. Agency Management's Signature (if applicable) Printed Name: E-Mail Address: VPN Users Signature Printed Name: E-Mail Address: Sponsoring Party's Signature Printed Name: E-Mail Address: Return form to: Caren Skipworth 2300 Bloomdale #3198 McKinney, Texas 75071 Signature: Phone: Signature: Phone: Signature: Phone: Date: Date: Date: THE CITY OF AiAtia AGENDA ITEM: Item No. 5.h. City Council Agenda Staff Report Meeting Date: 2/13/2018 Approve a Resolution Reaffirming the City of Anna Strategic Plan (City Council) SUMMARY: As a result of our Saturday Work Session staff is asking that City Council reaffirm the City of Anna Strategic Plan, originally adopted in April 2017. The plan is a critical communication to Staff of City Council's desired direction. Its reaffirmation will guide Staff as we approach all projects in the current FY and begin our development of the FY 19 budget. STAFF RECOMMENDATION: Recommend Approval. ATTACHMENTS: Description Upload Date Type Resolution 2/9/2018 Resolution Strategic Plan 2/9/2018 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS, REAFFIRMING THE CITY OF ANNA STRATEGIC PLAN WHEREAS, on or about the 11th day of April, 2018, the City of Anna, Texas City Council (the "City Council") adopted the City's current Strategic Plan (the "Plan"); and, WHEREAS, the Plan, attached hereto as Exhibit A, established the strategic Vision, Guiding Principles, and Themes and Goals focusing Economic Development, promoting Community Vibrancy, and developing Facilities and Infrastructure needed to maintain and develop a vibrant and progressive community; and, WHEREAS, since the adoption of the Plan the City has elected and appointed several new City officials and positions; and, WHEREAS, the City Council determined that it would be desirable to study the Plan to decide whether to make modifications or to reaffirm and renew and the Plan; and, WHEREAS, after careful study, the City Council has thoroughly studied the Plan and is of the opinion that the Plan be reaffirmed and renewed as originally adopted; 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 Strategic Plan The City Council determines that the Plan is essential to guide the City's future growth and progress and hereby reaffirms, renews and adopts the Plan as attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 13t" day of February 2018. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike City of Anna Strategic Plan � tl] Li. 2017-2022 md Our Vision ANNA IS A COMMUNITY OF FRIENDS AND FAMILY WORKING TOGETHER TO BUILD A SAFE AND SUSTAINABLE FUTURE. Fiscal Responsibility We believe that fiscal responsibility and the prudent stewardship of public funds is essential for confidence in city operations. Accountability We are responsible, committed, and accountable to the public who trust us to carry out our duties with integrity. Customer Focus We are a team, dedicated to serving our citizens and residents. Our currency is the goodwill of the public. Goodwill is earned or lost with every contact and conversation. Transparency We are open and fair in sharing information with the public about our policies, procedures, programs, and practices. Innovation We provide unique approaches and creative solutions to the problems and opportunities before us. Aspireto Serve I N S p I re Confidence and Trust Nnovate Consistently AchieveExcelience Anna City Council and Staff Strategic Planning Summit February 2017 #1 ECONOMIC DEVELOPMENT #2 COMMUNITY VIBRANCY #3 FACILITIES AND INFRASTRUCTURE Theme #z: ECONOMIC DEVELOPMENT Goal: Pursue Targeted Economic Development Develop and implement strategies that support targeted economic development to attract and retain businesses, increase tax revenue, and create primary and professional jobs. ❖ Attract professional jobs ❖ Develop a professional business park in Anna and fill it up with tenants. ❖ Focus on attracting jobs in the medical industry (medical plaza, minor emergency care). ❖ Explore opportunities to build the professional workforce in Anna through partnerships with businesses and educational Institutions. ••• Promote downtown development ❖ Adopt development regulations for the downtown district consistent with the updated master plan. ❖ Explore potential public private partnerships (P3) opportunities ❖ Promote a "park and play" atmosphere in the downtown district. ❖ Improve the SH 5 and 4t" streetscapes in the downtown district. Theme #2: COMMUNITY VIBRANCY Goal: Improve Curb/Aesthetic Appeal of Community Develop policies and create programs that result in a consistent, aesthetic, look and feel of the thoroughfares, parks, open spaces, and signage of the City of Anna. ■ Focus on aesthetic improvements to major transportation corridors ■ Implement a way -finding community signage program. ■ Design and construct landscape and monument enhancements at inter- changes along US 75 as they are built or reconstructed. ■ Design & construct landscape enhancements within the FM 455 median between US 75 & SH S. ■ Develop design standards for future local median divided roadways. ■ Improve and expand city's parks and open spaces ■ Continue focus on maintenance and operation of existing parks and facilities in order to create an excellent "customer experience". ■ Focus on improvements to Natural Springs Park (ponds, restrooms, parking areas, office space). ■ Evaluate feasibility of city recreation programs (youth and adult). ■ Update the City's Parks Master Plan. Goal: Diversify Housing & Neighborhood Options Study options to expand the choices residents and future residents will have for high -quality residential neighborhoods. ❖ Explore opportunities to renegotiate or revise existing residential entitlements in order to promote construction of higher value residential neighborhoods ❖ Update comprehensive plan Review community housing plan to identify target density and lot size mix for single family development; and the optimal unit percentage mix of the various residential housing types (single family, multifamily, etc.). Goal: Promote our Community Identity f f.awton '4 I f . t. Anna -Craton*kKinnEy dd��3t m a Lon g v".' AEna, C .r i Aggressively and effectively promote our community identity to increase community pride, diversity our tax base, and establish a nationally recognized brand. ❖ Be recognized in regional and national publications for our community identity Goal: Encourage Inter -Local Cooperation Actively pursue community partnerships and inter -local cooperation with organizations that have similar missions as the City of Anna. ❖ Form stronger relationships with the Greater Anna Chamber of Commerce, Anna ISD, Collin County Commissioner Court, North Central Texas Council of Governments, and other similar community organizations and partners ❖ As time permits, attend and become involved in meetings of our various community partners. ❖ As appropriate, serve on boards, advisory commission, study groups, etc. ❖ Promote community functions that foster civic pride ❖ Support and promote community volunteer programs Theme #3: FACILITIES AND INFRASTRUCTURE Goal: Upgrade City Facilities and Infrastructure Upgrade City facilities and infrastructure in order to plan for and accommodate growth, provide for efficient delivery of services, inspire public confidence, and promote investment in the City of Anna. ❖ Construct a new Anna City Hall that consolidates city offices and provides sufficient space for staff, accommodates future growth, improves operational efficiency, and serves as an anchor to our downtown ❖ Develop financing plan for the future construction of: Fire Station #2; remodel of the Central Fire Station #1; remodel and expansion of Police Department facilities ❖ Make improvements to city infrastructure that are necessary to accommodate the growth of our community ❖ Complete capacity, management, operations, and maintenance (CMOM) program for wastewater system. ❖ Focus on I&I detection and repair. ❖ Complete storm water/drainage study & develop master plan. ❖ Construct the Foster Crossing water line project and the Collin pump station activation project. ❖ Construct the US 75 utility relocation project. ❖ Design and construct the SH 5 utility relocation project. ❖ Continue transition to a complete automated metering infrastructure system. Goal: Build Transportation Infrastructure Design and build transportation projects that relieve traffic congestion, increase mobility, enhance curb appeal, and stimulate residential and business growth. ❖ Continue coordination and cooperation with TxDOT on the reconstruction of US 75 from Throckmorton Creek to the Collin County Line ❖ Continue coordination and cooperation with TxDOT on the reconstruction of SH 5 from SH 121 to the Collin County Line ❖ Construct the Hackberry Lane Reconstruction Project (SH 5 to Slayter Creek) ❖ Secure funding to complete design and right-of-way acquisition for the Ferguson Parkway project (Taylor to Outer Loop) so that it is shovel -ready pending additional funding opportunities ❖ Complete street audit/condition assessment/prioritization for existing streets ❖ Complete design and proceed with right-of-way acquisition for extension of Rosamond Parkway to US 75 ❖ Identify and apply for viable grant funding opportunities thought NCTCOG and TxDOT for major transportation projects ❖ Adopt 5o% of the NCTCOG metropolitan transportation plan policy bundle voluntary measures to obtain transportation development credits that can be leveraged as cash match for transportation projects ❖ Prioritize and attend key transportation meetings with Collin County, TxDOT, and NCTCOG and pursue cooperative opportunities Come along, and we'll tell you more about why we're proud to call Anna our hometown — and why you should too! THE CITY OF AiAtia AGENDA ITEM: Item No. 6. City Council Agenda Staff Report Meeting Date: 2/13/2018 A) Conduct a public hearing to consider public comments regarding a request by Standridge Companies, owner(s) of the property, to change the zoning of the subject property from (AG) Agricultural to (PD) Planned Development with (C-1) restricted commercial with additional uses. The property is generally located at the northwest corner of U.S. Highway 75 and West White Street (FM 455). (Maurice Schwanke) B) Consider/Discuss/Action on a recommendation regarding a request by the owner of the property to be granted a zoning change from (AG) Agricultural uses to (PD) Planned Development Uses. SUMMARY: The requested zoning change contains 77.97 +/- acres adjacent to the west side of U.S. Highway 75 and north of West White Street (F.M. 455). This tract has been contemplated by Anna's Comprehensive Plans as a commercial area but never was part of a permanent zoning application. The uses proposed are consistent with the Plans and area. The tract has approximately 4,200 lineal feet of frontage on U.S. 75 and approximately 750 lineal feet along West White Street. TXDOT has already acquired right-of-way for U.S. 75 expansion. Being at the most prominent entry point into the City off of U.S. 75 It is anticipated that this tract will be a significant economic/service engine for the community. With the development of this tract a north/south thoroughfare is anticipated along the western boundary as shown on the existing Comprehensive Plan and the proposed Comprehensive Plan currently being prepared. One of the requests of the PD is for the maximum height to be allowed at 100 feet (currently 35 feet). At this time, however, the request would burden our Fire Departments capabilities. As such the Fire Department is recommending a maximum height of 55 feet to the top of the ceiling of the highest floor constructed. The buildings would ultimately be higher with parapet walls and roof systems. In the future, extending the height could be an option for this site and the U.S. 75 corridor in general. STAFF RECOMMENDATION: The Staff recommends approval of the requested zoning change as shown on the attached ordinance. IjiC_Ta:l►vil=11kiI&V Description Proposed PD Ordinance Exhibit A Legal Description Location Map Upload Date Type 12/1/2017 Ordinance 2/8/2018 Exhibit 11/29/2017 Exhibit CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located north of West White Street and West of U.S. 75) ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning of the City; and WHEREAS, said Property generally located north of West White Street and west of U.S. 75 is rezoned from (AG) Agricultural to (PD) Planned Development; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. 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 by reference for all purposes. Section 2. Zoning Change The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and codified as Part III-C of The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit A from Agricultural (AG) to Planned Development (PD) Zoning. The Planned Development (PD) zoning regulations limit the use of the property or any part thereof to those permitted in the Commercial (C-1) with restrictions and additions as set forth below: 1. Purpose. The purpose of this Planned Development District is to facilitate the development of high - quality development in the northwest quadrant of U.S. 75 and West White Street (FM 455) to accommodate those uses that are of city-wide and regional significance. Within this District are permitted certain retail, service, and office uses. 1 2. Definitions Except as otherwise provided herein, the definitions in Section 4 of the City's Zoning Ordinance shall apply. For purposes of this Planned Development District, the following terms shall be defined as follows: a. "Masonry " means brick, tile, manmade or natural stone, cast stone, rock, marble, granite, curtain glass, glass block, exposed aggregate concrete panels, decorative concrete panels, split face concrete block or any construction consisting of concrete panels including, but not limited to "tilt -wall " construction, , or any other materials similar to these materials approved by the Director of Planning. b. Exterior insulation finishing system ("EIFS") can only be used as accent and must be at least twelve feet (12') above the finished floor elevation. 3. Development Standards. a. "C-1" Property. Development of the Property must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the "C- 1 ", Restricted Commercial District, and "THOR Overlay", except as otherwise provided herein. Uses: in addition to the Uses permitted under C-1, the following Uses shall be permitted by right: 1. Hospital (Chronic Care) long term health care facility. 2. Hospital (Acute Care). 3. Ambulatory, Surgery Center 4. Emergency Room / Urgent Care 5. Dialysis Center 6. Rehabilitation Care Facility 7. Rehabilitation Care Institution 8. Laboratory, Medical or Dental 9. Laboratory, Scientific or Research 10. Pharmacy with or without Drive Thru 11. Medical Supplies, Sales and Service 12. Child Care Center 13. Nursery School, Kindergarten 14. Rest Home or Nursing Home 15. Veterinarian Clinic (small animal -No Outside Pens) 2. Uses allowed within the district with a Specific Use permit 1. Heliport or heliatop. 3. Minimum Lot Area: 10,000 sq. ft. 4. Maximum Building Height: The maximum building height shall be 55 feet measured to the top of the last floor ceiling elevation. 5. Outdoor Display Areas (Garden Centers) 2 1. An outdoor display area (garden center) may not exceed twenty five percent (25%) of the adjoining building size. 2. The outdoor display area shall be enclosed by a 4' masonry wall with decorative ornamental iron fencing above, to not be less than eight fee (8') total in height. 3. Height of materials being screened must be lower than the screening fencing. 4. Landscaping shall be planted along the exterior side of any outdoor display area and maintained at a height of 3 feet along the front and Landscaping shall be planted on the side of any outdoor display area and maintained at a height of 6 feet. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable be the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clause, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5. 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 $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, on this 91", day of January 2017. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike j9 EXHIBIT A DESCRIPTION 77.97 +/- ACRES OF LAND SITUATED in Collin County, Texas, in the W. S. Rattan Survey, Abstract No. 752 and the Thomas Rattan Survey, Abstract No. 782, being a resurvey of the 81.8447 acres of land described in a Special Warranty Deed from Swisher Partners, L.P. to One Anna Two, Ltd. dated January 31, 2007, recorded in document number 20070201000151600 and in a Special Warranty Deed from Swisher GP, L.P. to One Anna Two, L.P. dated January 13, 2007, recorded in document number 20070201000151610, both deeds of the Collin County Land Records, being described by metes and bounds as follows: BEGINNING at a 5/8-inch iron pin found at the northeast corner of said 81.8447-acre tract, the southeast corner of the Jan Sherley Miller 66.845 acres Ref. Vol 2667, Pg. 671 and in the west R.O.W. line of U. S. Highway No. 75; Thence southwesterly with the east line of said 81.8447-acre tract and with said west R.O.W. line to 1/2-inch iron pins found as follows: South 11021'west, 104.29 feet; South 8029'west, 2200.0 feet; South 12004'west, 801.57 feet; South 8029'west, 200.0 feet; South 17001'west, 202.24 feet; South 45021'west, 499.98 feet; South 9052'west, 168.2 feet; South 44011'west, 40.09 feet to a 1/2-inch iron pin found at the southeast corner of said 81.8447-acre tract and at the junction of said east R.O.W. line with the north R.O.W. line of Farm Road No. 455; Thence south 89013'50" west, 750.14 feet with the south line of said 81.8447-acre tract and said north R.O.W. line to a 1/2-inch iron pin found at the southwest corner of said 81.8447-acre tract and the south, southeast corner of the Don Collins, et al 114.252 acres, Ref. V. 5257, P. 4877; Thence northerly with the west line of said 81.8447-acre tract and with the east line of said 114.252-acre tract to 1/2-inch iron pins found as follows: North 0029'10" West, 540.38 feet to a 1/2-inch iron pin found at the beginning of a curve to the right from which the radius center lies North 89030'50" East, 500.0 feet; Thence with said curve, an arc of 209.61 feet around a central angle of 24001'08" on a radius of 500.0 feet to a 1/2-inch iron pin found; North 59003'25" East, 129.33 feet to a 1/2-inch iron pin found at the beginning of a curve to the left from which the radius center lies North 30056'35" West, 700.0 feet; Thence with said curve, an arc of 189.73 feet around a central angle of 15031'48" on a radius of 700.0 feet to a 1/2-inch iron pin found; North 43031'37" East, 241.38 feet to a 1/2-inch iron pin found at the beginning of a curve to the left from which the radius center lies North 46028'23" West, 700.0 feet; Thence with said curve, an arc of 530.61 feet around a central angle of 43025'53" on a radius of 700.0 feet to a 1/2-inch iron pin found; North 0005'44" East, 1035.62 feet to a 1/2-inch iron pin found a the beginning of a curve to the right from which the radius center lies South 89054'16" East, 700.03 feet; Thence with said curve, an arc of 101.69 feet around a central angle of 8019'23" on a radius of 101.69 feet to a 1/2-inch iron pin found; North 8025'09" East, 393.86 feet to a 1/2-inch iron pin found at the beginning of a curve to the left from which the radius center lies North 81034'51" West, 699.99 feet; Thence with said curve, an arc of 116.43 feet around a central angle of 9031'48" on a radius of 699.99 feet to a 1/2-inch iron pin found; Thence North 1006'39" West, 201.55 feet to a 1/2-inch iron pin found at the beginning of a curve to the right from which the radius center lies North 88053'21" East, 700.0 feet; Thence with said curve, an arc of 205.39 feet around a central angle of 16048'40" on a radius of 700.0 feet to a 1/2-inch iron pin found; Thence North 15042'02" East, 121.6 feet to a 1/2-inch iron pin found at the beginning of a curve to the left from which the radius center lies North 74017,58" West, 700.0 feet; Thence with said curve, an arc of 205.39 feet around a central angle of 16048'40" on a radius of 700.0 feet to a 1/2-inch iron pin found; Thence North 1006'39" West, 55.96 feet to a 1/2-inch iron pin found at the northwest corner of said 81.8447-acre tract, the northeast corner of said 114.252-acre tract and in the south line of said 66.845-acre tract; Thence north 89056'12" east, 955.42 feet with the north line of said 81.8447-acre tract and with said south line to the PLACE OF BEGINNING and containing 77.97 +/- acres of land. CERTIFICATION: I, hereby certify that I made the survey on the ground on July 15, 2015 of the herein described tract shown hereon and set corner stakes as reflected on the plat and that only visible improvements on the ground are as shown on the survey; to my knowledge, there are no encroachments, overlapping of improvements or conflicts except as shown on the survey plat; that the survey is guaranteed to its completeness. SKGW/GMG 07162015 G10 C:\LD\782-77.STR REVISED BY GMG 7-16-2015 THE CITY OF AiAtia AGENDA ITEM: Item No. 7. City Council Agenda Staff Report Meeting Date: 2/13/2018 A) Conduct a public hearing to consider public comments regarding a request by Zablink Hospitality, owner(s) of the property, to allow for a (SUP) Special Use Permit authorizing the use of a hotel on the subject property and approval of a Site Plan. The property is generally located at the northeast corner of U.S. Highway 75 and West White Street (FM 455). (Maurice Schwanke) B) Consider/Discuss/Action on recommendation regarding a request by the owner of the property to be granted a (SUP) Special Use Permit to allow for hotel uses on the subject property and approval of a Site Plan. SUMMARY: The owner of the property is requesting a Special Use Permit and approval of a Site Plan to allow the use of a hotel on the property. A Special Use Permit is required for a hotel use by the Planned Development ordinance's development standards for the subject property. Zoning History of Land where Hotel is Planned and Creekside addition. Hotel Site was originally zoned in 2003. - Hotel was allowed by right. Hotel Site was rezoned as part of Walmart development in 2014. — Hotel allowed with SUP. Creekside zoned in 2001. — Final Platted in 2002 — Houses were completed in late 2003 and early 2004. To meet the City of Anna parking requirements for hotel uses, the developer has entered a shared parking easement with the commercial property just south of the site known as Anna Town Center Lot 2. The shared parking easement consists of 16 spaces that will be considered shared parking for both properties. The possibility for shared parking was established by the existing Planned Development when uses have different hours of peak usage. A letter is on file from the owner to the south allowing the parking. The Fire Department has reviewed the site plan and height issues concerning a 4-story facility at this location and is good with the proposed configuration (Attached is a review letter from the Anna Fire Department). The hotel use is consistent with the Zoning Ordinance and Comprehensive Plan. STAFF RECOMMENDATION: The staff is recommending approval of the Special Use Permit and Site Plan. ATTACHMENTS: Description Upload Date Type Location Map 1/5/2018 Exhibit Hotel SUP Ordinance 2/5/2018 Ordinance Exhibit A Legal Description 2/5/2018 Exhibit Exhibit B - Site Plan 2/5/2018 Exhibit Fire Department Review Letter 2/8/2018 Backup Material Zoning Buffer Exhibit 2/5/2018 Exhibit Hotel Cross Section Exhibit 2/5/2018 Exhibit Holiday Inn Express Design 2/5/2018 Exhibit Parking Easement 1/5/2018 Exhibit CITY OF ANNA, TEXAS ORDINANCE NO. (Special Use Permit) Hotel Facility on Lot 3, Block A of the Anna Town Center Addition. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND APPROVING A SPECIFIC USE PERMIT ON CERTAIN PROPERTIES AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the owner of the property described in Exhibit A attached hereto has requested a Specific Use Permit for said property; and WHEREAS, the Planning and Zoning Commission of the City of Anna and the City Council of the City of Anna have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners generally and to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council of the City of Anna has concluded that the Specific Use Permit be approved as follows: NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by granting a Specific Use Permit for the tract described in Exhibit A, attached hereto and made an integral part of this ordinance. The Specific Use Permit shall include the following component: 1. Hotel facility as an allowable use of the Property. 2. Site Plan as shown as Exhibit B. Section 2. The official Zoning Map of the City of Anna shall be corrected to reflect the Specific Use Permit described herein. Section 3. All ordinances of the City of Anna in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Section 4. This Ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such case provides. PASSED by the City Council of the City of Anna, Texas, this 13t" day of February, 2018. ATTESTED: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike EXHIBIT A BEING a tract of land situated in the F.T. Duffau Survey, abstract No. 288, and the Thomas Ratton Survey, Abstract No. 782, City of Anna, Collin County, Texas, and being a portion of a called 107.52 acre tract of land described in the deed to Q Seminole Anna Town Center, L.P., recorded in Instrument No. 20080128000100640, Real Property Records of Collin County, Texas, and being more particularly described as follows: COMMENCING at a 5/8-inch iron rod with a plastic cap stamped "KHA" set for the southeast corner of said 107.52 acre tract, same being the southwest corner of Lot 1, Block G of Creekside Phase 1, an addition to the City of Anna, according to the plat thereof recorded in Cabinet O, Page 32 of the Plat Records of Collin County, Texas, on the northerly right of way line of F.M.455, from which, a 1/2 inch iron rod found for witness bears North 00°14' East, a distance of 0.36 feet; THENCE North 00°13'51" East, along the easterly line of said 107.53 acre tract, and along the westerly line of said Lot 1, Block G, a distance of 276.57 feet to the POINT OF BEGINNING of the herein described tract; THENCE in an easterly direction, departing the easterly line of said 107.53 acre tract, the westerly line of said Lot 1, Block G, and crossing said 107.53 acre tract, the following: South 88°02'21" West, a distance of 262.70 feet to a 5/8-inch iron rod with a plastic cap stamped "KHA" set for corner; North 70052'45" West, a distance of 26.34 feet to a 5/8-inch iron rod with a plastic cap stamped "KHA" set for corner; North 46003'06" West, a distance of 19.65 feet to a 5/8-inch iron rod with a plastic cap stamped "KHA" set for corner; North 09028'52" East, a distance of 34.45 feet to a 5/8-inch iron rod with a plastic cap stamped "KHA" set for corner on the curving easterly right of way line of Throckmorton Boulevard, a 60-foot wide right of way, as created in WalMart Anna Addition, an addition to the City of Anna, Texas, according to the Final Plat thereof recorded in Volume 2017, Page 549 of the Plat Records of Collin County, Texas, said curve being a non -tangent curve to the left; THENCE in a northerly direction, along the easterly right of way line of said Throckmorton Boulevard, and along the arc of said curve to the left, through a central angle of 37020'14", having a radius of 395.00 feet, a chord bearing of North 18053'53" East, a chord distance of 252.87 feet and an arc length of 257.40 feet to a 5/8-inch iron rod with a plastic cap stamped "KHA" set for the point of tangency of said curve; THENCE North 00°13'47" East, continuing along the easterly right of way line of said Throckmorton Boulevard, a distance of 66.50 feet to a 5/8-inch iron rod with a plastic cap stamped "KHA" set for corner; THENCE South 89046'13" East, departing the easterly right of way line of said Throckmorton Boulevard and crossing said 107.52 acre tract, a distance of 215.16 feet to a 5/8-inch iron rod with a plastic cap stamped "KHA" set for on the easterly line of said 107.52 acre tract, same being the westerly line of aforesaid Lot 1, Block G; THENCE South 00'13'51" West, along the easterly line of said 107.53 acre tract, and along the westerly line of said Lot 1, Block G, a distance of 352.14 feet to the POINT OF BEGINNING and containing 2.002 acres (87,214 square feet) of land, more or less. `_ SITE DATA SUMMARY TABLE LAND USE HOSPITALITY ZONING (C-2) ORD. 648-2014 LOT AREA (NET & GROSS) 87,214 S.F. TOTAL FLOOR AREA (Bldg Footprint) ± 13,797 S.F. NUMBER OF ROOMS 93 ROOMS COMMON AREA (S.F.) ± 709 S.F. LOT COVERAGE (Bldg Footprint Area / Lot Area) 15.82% TOTAL LANDSCAPED AREA PROVIDED 15,446 S.F. TOTAL REQUIRED PARKING 121 SPACES ROOM (1.25 SPACES PER ROOM) 117 COMMON AREA (1 SPACE PER 200 S.F. OF OFFICE AREA) 4 TOTAL PROVIDED PARKING 122 SPACES ACCESSIBLE PARKING 5 SPACES (2 VAN) ON -SITE PARKING (INCLUDES ACCESSIBLE PARKING) 106 SPACES SHARED USE PARKING 16 SPACES CALLED 18.551 ACRES WAL-MART REAL ESTATE BUSINESS TRUST INST. NO. 20150602000647410 R.P.R.C.C.T. LOT 1, BLOCK A WALMART ANNA ADDITION VOL. 2017, PG. 549 P.R.C.C.T. ZONED: (PD) ORD.648-2014 LAND USE: RETAIL DEVELOPMENT REMAINDER OF CALLED 105.52 ACRES Q SEMINOLE ANNA TOWN CENTER, L.P. INST. NO. 20080128000100640 R.P.R.C.C.T. ZONED: (PD) ORD.648-2014 LAND USE: OPEN SPACE \ \ LOT 2 BLOCK G \ CREEKSIDE PHASE 1 CAB. P, PG. 60 P.R.C.C.T. \ VARIABLE WIDTH I I nDoinior_G & UTILITY TEMPORARY T BY S.I. RETAINING WALL I / f END CURB 7� 0000 MEMO - I / PROP. 4.5' WALL ZONE AT PROPERTY LINE. RETAINING WALL WITH PEDESTRIAN RAIL. / AERIAL ACCESS NE / N N LOT 1 BLOCK G CREEKSIDE PHASE 1 CAB. O, PG. 32 P.R.C.C.T. w � o cor O a \ OWNER: 26' FIRE LANE & CITY OF ANNA UTILITY EASEMENT VOLUME 5779, PAGE 2569 R.P.R.C.C.T. PROP.1 0'± RETAINING WALL , GRAPHICAL LIMITS OF 100-YEAR FLOODPLAIN I I / I I PER FEMA r[ CI I I I I I I I � \ \\ I I 1 VARIABLE WIDTH 1 DRAINAGE & UTILITY EASEMENT' / I \ I I I� .0e I /I.000,� 100, .000 /J / GRAPHIC SCALE IN FEET 0 15 30 60 SITE PLAN ANNA TOWN CENTER HOTEL - LOT 3 F.T. DAFFAU SURVEY 2.002 ACRES, A-288 THOMAS RATTON SURVEY, A-782, CITY OF ANNA, COLLIN COUNTY, TEXAS APPLICANT/OWNER: ZABLINK HOSPITALITY 13111 N. CENTRAL EXPRESSWAY SUITE 150 DALLAS, TEXAS 75243 CONTACT: ZAFAR KHAN ENGINEER/SURVEYOR: KIMLEY-HORN AND ASSOCIATES, INC. 13455 NOEL ROAD, TWO GALLERIA OFFICE TOWER, SUITE 700 DALLAS, TEXAS 75240 TEL. NO. 972-770-1300 CONTACT: JOSEPH HORNISHER, P.E. rm 0Y W um 0 0�O 00 0) �� CD LL LL � CO N LL OLON I— Q � H rn w�<0 Q z -J LLI 0 O) O J Q W r - O H Y _j W W O O = z L ■ Ln (h W Q 0 Cn z O _L W 0Y P U z U) W Q U O U) W Q 0 z Q z 0Y O W J Y 0 N O u THE SITE PLAN IS FOR CITY REVIEW ONLY TO ILLUSTRATE COMPLIANCE WITH ZONING AND DEVELOPMENT REGULATIONS. IT IS NOT INTENDED FOR CONSTRUCTION PURPOSES. ti z = Q = U o W c:) CD N O = ­) 't W 0� I- Lu Q Cn U) Q m m � LO m 0 o } m o _� c:) Y W w _j Z C7 z 3 Y U 0 0 U � J Z w H O� a� zw z~ Qw U O LL 0 Lu Z J J Q U) O 2 _Z MJ W Q N w z z IL 0 Al Luc=w > ❑ F 2 wv7 0E-0Z (3w FFU' C7 < X a d SHEET NUMBER 1 OF 1 Anna Town Center Hotel Protect Fire Protection and Life Safety Evaluation On 11/13/2017, a fire protection review was completed by the Anna Fire Department for the proposed site and structure. This plan review was generated through the city's Development Review Committee (DRC) process. As a result of this review, twelve (12) comments were forwarded to the developer regarding applicable fire codes as well as the fire department's specific requirements. The developer addressed all fire department comments appropriately and, per current design, has satisfied the requirements contained in the 2015 edition of the International Fire Code (IFC) including the NCTCOG fire code amendments and all applicable National Fire Protection Association (NFPA) codes as adopted by the Anna City Council. Features of fire protection to be contained in this structure include but are not limited to the following: ■ A fully automatic fire sprinkler suppression system installed throughout (NFPA 13) ■ A Class I automatic wet or automatic dry standpipe system (NFPA 14) *Design is dependent upon static and residual water pressures and potential fire pump installation* ■ A full fire alarm system with smoke detection and occupant notification in each room and along all corridors. (NFPA 72) ■ Two (2) fully enclosed egress stairwells utilizing fire -resistance -rated construction (IFC 2015) ■ Roof access ■ 360-degree fire lane access (24 feet wide) with extended width at the rear of the structure (26 feet wide) ■ Knox Box emergency access equipment (FD key box) ■ Portable fire extinguishers along all corridors (IFC 2015 and NFPA 10) ■ Elevator emergency operations equipment for FD Additional Information ■ Mutual aid agreements with surrounding fire departments are in place and active. This includes the McKinney Fire Department which has agreed to provide a ladder truck (aerial device) to the City of Anna upon request. ■ The Anna Fire Department and the Melissa Fire Department currently utilize "high-rise" hose packs as part of their standard equipment for fire and rescue vehicles. ■ Joint training exercises are being planned between Melissa FD and Anna FD that will focus on standpipe operations. At this phase of the development, given that all fire code requirements have been met and, in some cases exceeded, the fire department supports the project as currently designed and proposed. Ray Isom Deputy Fire Chief 0 i f f N IF f i -dl� IF RE 0 f . ' rl jp VAI i i # IF IP qk 1p p * T ipim 4P, lor 41F qp OF T * ldp RD 1p db r ft �--job BM #169 a 1 1 1 m 1 1Lu NORTH Q 0 1 1 GRAPHIC SCALE IN FEET ' 0 20 40 80 1 z z sum 1 - w 1 1 L 1 Q SEMINOLE ANNA 1 CREEKSIDE mh b ^ 1 Z TOWN CENTER L.P. PHASE 1 _ 1 z 0.99 Ac. 11.6% 0.60 Ac. 7.0%) o o z O LLL M LL Q N VJ _dw X0,2 o ' —J t Q OU Q U O-��- -�� 1 y Z z Or ♦ U Jo z L FL d ' 1 O oC) Oz zl N L.L I" _ r�w O Z � @ Qw�� w � w Y immum _ w z ' rt' ` OE m d o 1cq L ■� O 2001 BUFFER AROUND A PROPERTY 8.55 AC. ��� L : I '4w JL • Q SEMINOLE ANNA � TOWN CE NTER ENTER L.P. 2.00 Ac.)WNW WNW- 4ft ti z = Q = UO R O w ' � � Q t a� C, m Q o } m Q W m o CITY OF ANNA .♦ YC �Q2aw 2.40 Ac.(28.1 % y o O O _. _ ♦ W J � ♦ z Q cn w LL H 0 OT Q _ .0A 13♦ r ZwwLL o C. 0f • o) / aw J� I ' 1 40• � N ------------� 1 0.0 T . ------- 2 2 �(< / ♦ qb 1 40 N LE ANNA 1 0 1 _ Q SEMI O 03 1 � TOWN CENTER, L.P. loftAQ ♦ o(4) 1.82 Ac. (21.3%) 1 •� . 1 W LOT 10 0. w 0.01 Ac. (.1%) O LL / = 0C LL it OZ � >« A N 1 n r SHEET NUMBER EX-1 Now 740 730 720 WALMART 710 .�t RUN 670 729'± 706' I- I a z - Q THROCKMORTON Holiday Inn Express & Suites Holidayl n Expre & - FLOOR 3 FLOOR 2 FLOOR 1 737' ± �!!�!♦ �i � i i TREE CANOPY I I � y , I ' + _ 160 _ 240' + -OP OF TREE CANOPY RANGES -ROM 720'± TO 730'± P'ROJEC ED SITE LINE, c� ^ ` 4- Oro 692' SECTION A -A c�4 ---amp a �- ONE STORY - 1 RESIDENCE ' TR 713'+ - FF 690'+ 0 N E STORY RESIDENCE TR 711'+- - FF 690'± 0 N E STORY RESIDENCE TR 711'+- - FF 690'± a `41 w TWO STORY RESIDENCE } TR 716'+ - FF 689'± - U 0 N E STORY RESIDENCE TR 710'+ - FF 688'+ 740 GRAPHIC SCALE IN FEET 0 15 30 6 "O!!!� t 730 HORIZONTAL r7-2 0 10 w 720 ftft !_ 711'+- 710 TOP OF ROOF (TR) RESIDENCE 700 o 690' + FINISHED FLOOR (FF) 680 THROCKMORTON CREEK 670 m1mirli &I N CROSS SECTION EXHIBIT Kimley>>>Horn JANUARY 2018 Sense of Arrival Exterior _r iii id = Experience Differentiators Smart Operations Constructing Efficiently Clean, high contrast illuminated background increases sign visibility. Simplified roof line reduces visual clutter for contemporary look and feel. Expanded and squared -off center tower modernizes building profile. Since most guests arrive at night, Holiday Inn Express' Blue Lighting" is an iconic brand beacon that attracts guests as soon as they pull in. Simplified Porte-cochere with wood underside provides a warm and modern welcome. Light stone material enhances signature Holiday Inn Express' Blue LightingTM. 17 Public Space Overview The public space is upbeat, dynamic, and friendly, with varying sightlines that ensure amenities are easily identifiable and accessible. This environment allows the Smart Traveler to control and tailor their experiences to meet their needs, whether interacting with an individual or group, working, or taking a break. Smart Travelers are self -drivers. They love the feeling of flow and control that comes from choosing their own path. The public spaces provide the right mix of flexible area and furnishings to accommodate a wide range of needs and functions simultaneously. Sense of Arrival Vestibule 1. hN 14 a�- Experience Differentiators Smart Operations Constructing Efficiently An area for luggage cart storage can be added for easy access. Brand -specified welcome mat and entry door graphic reiterate brand consistency for arriving guests. 20 Sense of Arrival Perching Area A mix of seating styles, color and pattern provides a welcoming, comfortable and energetic spot to wait, work or relax. Carpet tiles are easy to replace if dirty. Hard surface flooring for high -traffic pathways. Experience Differentiators Smart Operations Constructing Efficiently 22 Sense of Check -In Experience Differentiators Smart Operations Constructing Efficiently Arrival Express Texture and form give the wall feature depth and a point of differentiation from other brands. Hallmark elements present the brand that guests know and trust. Hidden storage is functional without sacrificing the feature wall. Check -in pods enhance interaction between hotel staff and guests. Carpet or anti-fatique mats provide comfort for staff behind the front desk. 24 Great Room Great Room Seating Accent wood ceiling feature brings texture to the space and creates comfort and intimacy. LED lighting reduces energy costs. Storefront windows provide ample natural daylight. Integrated outlets keep guests connected, while wireless 1 _ charging allows them to charge their devices by simply setting them on the table. Community tables provide additional breakfast seating. All loose seating is flexible for rearrangement. Dynamic soft seating provides a simple contemporary feel. Durable materials and finishes allow for easy maintenance. Experience Differentiators Smart Operations Constructing Efficiently 27 Great Room Business Center • Experience Differentiators Smart Operations Constructing Efficiently AW MII91 �IIIIII� M4 Branded artwork is fun and approachable. ADA accessible business center is easily located allowing use for all guests. Integrated power stations keep guests connected to their own devices. 29 Journey Branded Lobby Wall xxX KX>: Kxx Al - — - Experience Differentiators Smart Operations Constructing Efficiently A convenient place for guests to receive the information they need. This can include an _ integrated TV that delivers the morning news and weather. I i The integrated TV makes the traditional pamphlet stand obsolete, giving guests digital access to all the attractions and events in the area. The vinyl brand wall graphic is a key design feature on the guest journey. It acts as a brand hallmark and provides consistency across all Holiday Inn Express' hotels. 37 Journey Corridors 0W Experience Differentiators Smart Operations Constructing Efficiently Acoustic ceiling tiles help keep corridors quiet and allow access into the ceiling for maintenance. Statement lighting is both functional and interesting, brightening the space and creating a unique design piece. - Blue interior signage maintains brand hallmark and consistency. The blue carpet door drop reinforces the Holiday Inn Express" brand by providing a pop of blue, and acts as a contemporary welcome mat before the guest enters their hotel room. 41 Recreation Fitness Center 0 Experience Differentiators Smart Operations Constructing Efficiently Accent wall colors and natural light create a bright and energetic space to work out. Varying options of state of the art equipment provide the best workout environment for guests. LVT flooring is easy to clean and removes the familiar rubber smell of a traditional hotel gym. 43 Recreation Pool Experience Differentiators Smart Operations Constructing Efficiently Natural lighting and accent wall colors brighten up the pool space to create a welcoming environment for guests. Bright colors and tones bring the pool to life while reminding the guest of the clean Holiday Inn Express® experience. Brand -specified pool furniture allows for consistent product delivery. 45 BEING a tract of land situated in the F.T. Duffau Survey, abstract No. 288, and the Thomas Ratton Survey, Abstract No. 782, City of Anna, Collin County, Texas, and being a portion of a called 107.52 acre tract of land described in the deed to Q Seminole Anna Town Center, L.P., recorded in Instrument No. 20080128000100640, Real Property Records of Collin County, Texas, and being more particularly described as follows: COMMENCING at a 5/8-inch iron rod with a plastic cap stamped "KHA" set for the southeast corner of said 107.52 acre tract, same being the southwest corner of Lot 1, Block G of Creekside Phase 1, an addition to the City of Anna, according to the plat thereof recorded in Cabinet O, Page 32 of the Plat Records of Collin County, Texas, on the northerly right of way line of F.M.455, from which, a 1/2 inch iron rod found for witness bears North 00°14' East, a distance of 0.36 feet; THENCE North 00°13'51" East, along the easterly line of said 107.52 acre tract, and along the westerly line of said Lot 1, Block G, a distance of 276.57 feet to a 5/8-inch iron rod with a plastic cap stamped "KHA set for a corner; THENCE South 88°02'21" West, departing the easterly line of said 107.52 acre tract, the westerly line of said Lot 1, Block G, and crossing said 107.52 acre tract, a distance of 124.65 feet to a corner; THENCE South 01 °57'39" East, continuing across said 107.52 acre tract, a distance of 30.00 feet to the POINT OF BEGINNING of the herein described easement tract; THENCE South 01 °57'39" East, continuing across said 107.52 acre tract, a distance of 20.00 feet to a corner; THENCE South 88°02'21" West. continuing across said 107.52 acre tract, a distance of 144.00 feet to a corner; THENCE North 01 057'39" West, continuing across said 107.52 acre tract, a distance of 20.05 feet to the point of curvature of a non -tangent curve to the left; THENCE in an easterly direction, continuing across said 107.52 acre tract, and along the arc of said curve to the left, through a central angle of 02°27'09", having a radius of 60.00 feet, a chord bearing of North 89°15'56" East, a chord distance of 2.57 feet and an arc length of 2.57 feet to the point of tangency of said curve; THENCE North 88°02'21" East, continuing across said 107.52 acre tract, a distance of 141.43 feet to the POINT OF BEGINNING and containing 0.066 of an acre (2,880 square feet) of land, more or less. GENERAL NOTES: All bearings shown are based on grid north of the Texas Coordinate System, NAD83, North Central Zone 4202. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.999856573. Vertical Datum NAVD 88. MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 5750 GENESIS COURT, SUITE 200 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn.com PRELIMINARY THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY �DOCUMENT EXHIBIT "A" SHARED PARKING EASEMENT THOMAS RATTON SURVEY, ABSTRACT NO. 782 & F. T. DUFFAU SURVEY, ABSTRACT NO. 288 CITY OF ANNA COLLIN COUNTY, TEXAS NARX, MICHAEL 11/1/20178:21 AM / �5/8"IRSC 5/8" IRSC 5/8" IRSC 5/8" IRSC THROCKMORTON BOULEVARD 60' RIGHT-OF-WAY VOL. 2017, PG. 549 P.R.C.C.T. A=2°27'09" R=60.00' L=2.57' CB=N89°15'56"E C=2 57' REMAINDER OF CALLED 107.52 ACRES Q SEMINOLE ANNA TOWN CENTER, L.P. INST. NO. 20080128000100640 R.P.R.C.C.T. BLOCK A, LOT 3 ANNA TOWN CENTER ADDITION VOL. , PG. P.R.C.C.T. S88°02'21"W 124.65' �— — ------- -- ---- --—30.00' 9"E PROPOSED LOT LINE -/ 0.00' N88.02'21 "E 1 41.43' N 1057'39"W 20.05' S88°02'21"W 44.00' REMAINDER OF CALLED 107 52 ACRES P.O.B. S1 °57'39"E 20.00' SHARED PARKING EASEMENT 0.066 ACRE (2,880 SQ. FT.) BLOCK A, LOT 2 ANNA TOWN CENTER 5/8" IRSC J IYQM OWdU m p O U �C ao OJ W U U ADDITION Q SEMINOLE ANNA TOWN CENTER, L.P. w VOL. PG. NORTH INST. NO. 20080128000100640 , } P.R.C.C.T. R.P.R.C.C.T. w (n N > 00 ZO � � cN 0 25 50 U =U =<) g U GRAPHIC SCALE IN FEET < p U) ~ m ~ LL --------------- 5"DRAINAGE EASE--------��� LEGEND _ _ _—— _ _ _ ------- NO. 20150602000847440 � --- — — — — A = CENTRAL ANGLE —INST. — —r — — — — — — — — — — — — — — P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING I 20' UTILITY EASEMENT — — IRSC = 5/8" IRON ROD W/ "KHA" CAP SET _ — — VOL. 5550, PG. 294 IRFC = IRON ROD W/CAP FOUND — IPF -IRON PIPE FOUND D.R.C.C.T. = DEED RECORDS OF COLLIN COUNTY, TEXAS O.P.R.C.C.T. = OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS GENERAL NOTES: BRASS TXDOT MON. FND. F. M. 455 (WHITE ROAD) P.O.C. (VARIABLE WIDTH RIGHT-OF-Wqy) 1/2" IRF BRS. NO°14'E 0 36' All bearings shown are based on grid north of the Texas Coordinate System, NAD83, North Central Zone 4202. All dimensions shown are ground distances. To obtain a PRELIMINARY grid distance, multiply the ground distance by the Project Combined Factor (PCF) of THIS DOCUMENT SHALL 0.999856573. Vertical Datum NAVD 88. NOT BE RECORDED FOR MICHAEL MARX ANY PURPOSE AND REGISTERED PROFESSIONAL SHALL NOT BE USED OR LAND SURVEYOR NO. 5181 VIEWED OR RELIED 5750 GENESIS COURT, SUITE 200 UPON AS A FINAL FRISCO, TEXAS 75034 PH. 972-335-3580 SURVEY DOCUMENT michael.marx@kimley-horn.com EXHIBIT "A" SHARED PARKING EASEMENT THOMAS RATTON SURVEY, ABSTRACT NO. 782 & F. T. DUFFAU SURVEY, ABSTRACT NO. 288 CITY OF ANNA COLLIN COUNTY, TEXAS VIARX, M I CHAEL 11 /1 /2017 8:24 AM THE CITY OF Anna AGENDA ITEM: Item No. 8. City Council Agenda Staff Report Meeting Date: 2/13/2018 Consider/Discuss/Action on resolution approving "Anna Town Center Lot 3, Block A" Final Plat. (Maurice Schwanke) SUMMARY: The "Anna Town Center Lot A Block 3" final plat contains 2.002 acres located in the Thomas Ratton Survey, Abstract No. 782, and the F.T Duffau Survey, Abstract No. 288. The final plat is Lot 3, Block A of the Anna Town Center Addition. A letter is on file stating that no downstream properties will be impacted by the Development. STAFF RECOMMENDATION: Approval of the Resolution approving the final plat of Anna Town Center Lot 3, Block A. ATTACHMENTS: Description Upload Date Type Resolution Approving the Final Plat of Lot 3 Block A, 2/5/2018 Resolution Anna Town Center Final Plat 1/5/2018 Exhibit Drainage Letter 2/5/2018 Exhibit Location Map 1 /5/2018 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF ANNA TOWN CENTER ADDITION BLOCK A, LOT 3. 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 WHEREASQ Seminole Anna Town Center, L.P., has submitted an application for approval of a final plat of the Anna Town Center Addition Block A, Lot 3; WHEREAS, The Final Plat of Anna Town Center Addition Block A, Lot 3; generally conforms to the Preliminary Plat of Anna Town Center; WHEREAS, The Final Plat of Anna Town Center Addition Block A, Lot 3; conforms to the existing zoning; 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 Final Plat The City Council hereby approves the final plat of Anna Town Center Addition Block A, Lot 3; attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13rd, day of February 2018. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike OWNER'S CERTIFICATE I/ VICINITY MAP NORTH of O SITE � Y j U c2 2 FM 455 (WHITE ST) II III ANNA N.T.S. CURVE TABLE NO. DELTA RADIUS LENGTH CHORD BEARING CHORD C1 19°37'23" 435.00' 148.98' N27°45'19"E 148.25' C2 37'1617" 27.50' 17.89' S18°52'01"W 17.58' C3 26015'36" 30.00' 13.75' N24°22'21"E 13.63' C4 11'00'46" 435.00' 83.61' N05°44'10"E 83.48' C5 65052'56" 30.00' 34.50' N32°42'42"W 32.63' C6 58°05'04" 20.00' 20.28' S85°1818"W 19.42' C7 90°00'00" 10.00' 15.71' S45°13'47"W 14.14' C8 90°00'05" 30.00' 47.12' N44°46'11"W 42.43' C9 87°48'30" 30.00' 45.98' N44°08'06"E 41.61' C10 54°29'57" 30.00' 28.54' S64°42'41"E 27.47' C11 59°42'00" 30.00' 31.26' S07°36'42"E 29.86' C12 11 °00'46" 459.00' 88.22' N05°44'10"E 88.09' C13 90°00'00" 30.00' 47.12' S46°57'39"E 42.43' C14 90°00'00" 10.00' 15.71' S43°02'21"W 14.14' C15 87°48'30" 54.00' 82.76' N44°08'06"E 74.89' C16 7°00'42" 30.00' 3.67' S52°45'25"W 3.67' C17 26'15'36" 54.00' 24.75' N24°22'21"E 24.53' C18 37'18'07" 3.50' 2.28' S18°51'22"W 2.24' C19 17°42'46" 54.00' 16.69' N09°05'14"E 16.63' C20 4°1T41" 459.00' 34.40' N20°05'28"E 34.40' C21 78°58'34" 30.02' 41.38' N77°03'10"E 38.18' C22 17°42'46" 30.00' 9.27' N09°05'14"E 9.24' 15' WATER EASEMENT VOL. 2017, PG. 549 P.R.C.C.T. LOT 7, BLOCK A WALMART ANNA ADDITION VOL. 2017, PG. 549 P.R.C.C.T. LINE TABLE NO. BEARING LENGTH L1 S00°13'47"W 20.66' L2 N37°27'42"W 17.58' L3 S78°31'09"E 7.89' L4 N 11 °28'51 "E 10.00, L5 S78°31'09"E 6.58' L6 S00°1T47W 7.19' L7 N89°46'13"W 10.00, L8 N00°1T47E 9.25' L9 S02°37'36"E 7.60' L10 N88°02'43"E 10.00, L11 N01°57'17"W 8.89' L12 N01°57'17"W 40.00' L13 N01°57'17"W 40.00' L14 N00°1T51"E 20.38' L15 N44°46'09"W 14.28' L16 N00°1T51"E 12.65' L17 S00°1T51"W 11.04' L18 N00°1T51"E 11.04' L19 N43°02'21"E 20.27' L20 S46°58'01 "E 10.00, L21 S43°02-21 "W 16.98' N w � r` 00 O N z p Z Q ~ U U co co m > a w > w REMAINDER OF Cr I > CALLED 107.52 ACRES BENCH MARK LIST TBM #1: Square with "X" cut on the northeast corner of a headwall at the northeast corner of the intersection of F.M. 455 (White Road) and the northbound frontage road of U.S. Hwy. 75 Elev. = 709.11 TBM #2: Railroad spike on the south side of a power pole on the east side of the northbound frontage road of U.S. Hwy. 75 approximately 1115 feet north of F.M. 455 (White Road). Elev. = 726.39 GRAPHIC SCALE IN FEET 40 0 20 40 80 1" = 40' @ 24X36 Of I Q SEMINOLE ANNA TOWN CENTER, L.P. I z zTU I I I ZO INST. NO. 20080128000100640 LOT 2 BLOCK G \ \ \ QR.P.R.C.C.T. CREEKSIDE PHASE 1 \ Q a d l I I LU p C PBR.C.0 T 60 \ w o I I I I DRAINAGE AND UTILITY N I I I O li EASEMENT I 1 p I I � INST. NO. A=40°26'20" O.P.R.C.C.T. ==20.00' L FIRELANE, ACCESS, UTILITY CB=S69°3T03"E AND DRAINAGE EASEMENT r �I I C=20.74' tYlI I I N INST. NO . O.P.R.C.C.T. 45S85°4756'Z '00"E 43.15' N89°46'13"W 1. LU 5/8" IRSC w 89613E 215.163 5/8" - - - IRSC Q4I I I O u, iv 10.26' / W Lo lf) cD S89°46'13"E 78.06' W I I N G6 G^ / a al I co / Q J 0 12' FIRELANE, ACCESS, LLI C16 s UTILITY AND DRAINAGE p pl I I v EASEMENT 35.92' I / CALLED 18.551 ACRES Z I WAL-MART REAL ESTATE BUSINESS TRUST J J I I w 10' WATER INST. NO. 20150602000647410 O UI ° v EASEMENT / R.P.R.C.C.T. N �I I z 5/8" IRFC 7.10' Z I / LOT 1, BLOCK I I I / WALMART ANNA ADDITION O VOL. 2017, PG. 549 Z _ �0) P.R.C.C.T. C� � . V. I I I w 41j 0��� QQ I I I o I w Z I � O ti I I N PORTION OF41' Q CALLED 107.52 ACRES Q I v I (0 LOT 1 BLOCK G �O I I W Q SEMINOLE ANNA TOWN CENTER, L.P. Z p � I N / CREEKSIDE PHASE 1 �oQ I J INST. NO. 20080128000100640 Q Z Z / CAB. O, PG. 32 ' I R.P.R.C.C.T. _3 a w I N w} / P.R.C.C.T. I N N I CO FIRELANE, ACCESS, LL -� in o M I UTILITY AND DRAINAGE �`°., w I M / Q � a EASEMENT �� o - N ��' BLOCK A LOT 3 `� OWNER: a Q of M } O tu^ z � CITY OF ANNA A=37020'14' V o CO �" `' 2.002 ACRES m NI °p \ VOLUME 5779, PAGE 2569 wl U7 R.P.R.C.C.T. R=395.00' / �O / L5 c18 87,214 SQ. FT. a �I L=257.40' / / = J LU CB=N18°53'53"E' / ~ 285' J�L3 0 zl / /i C=252.87' /�/ 0 / / J 10' WATER 10' WATER I I 1\ N / \ / / 9.22' r EASEMENT EASEMENT 15' WATER EASEMENT \ \ / / / +< 37.16' VOL. 2017, PG. 549 \ \ / / / <<' o, �p L10 -J C70 S8872'21"W 83.00' �� 51.5' FIRELANE, ACCESS, \ / \, / 5/8" IRSC / / �_ 24' FIRELANE, ACCESS, 8.22' c UTILITY AND DRAINAGE I E. / /\ / UTILITY AND DRAINAGE pEASEMENT W VOL. 2017, PG. 549 / y / N9028'52"E S88°02'21"W 159.41' EASEMENT Q (n I // / / A 1�07 25.80, II \ P.R.C.C.T. / / / 34 45 0 I I �\ a } I - / 15' WATER IM s Z H I� / EASEMENT N J I 1 / WATER E MENT f ' �I = �7.10' VOL. PG. 5/8" IRSC J 1.05' 22.91' I / / 13 5/8" IRSC 65.74' 98.61 S88002,21'W 262.70' 15.00' II P/.0.. 5/8" IRSC 5/8" IRSC N70052'45"W 1 o 5/8IRSCO 26.34' / / 12 5/8" � N46003'06"W W � 19.65' J 30' FIRELANE, ACCESS, WATER EASEMENT I I Q ZZ z WATER EASEMENT UTILITY AND DRAINAGE VOL. PG. Z / W / VOL. , PG. VOL. EASEMENT ❑ � I ` � U Q Zw� I NJa- / BLOCK A, LOT 2 w w ¢ I \� Z) / \ ANNA TOWN CENTER co Q Q W I Z / ADDITION U Z z \ Q VOL. PG. Q� H O I I \ 0 5/8" IRSC P.R.C.C.T. w ❑ 0 ❑ > > / REMAINDER OF w } w\`` \ CALLED 107.52 ACRES w I \ V \ I Q SEMINOLE ANNA TOWN CENTER, L.P. FL-' cn 1 I \ `� \ I INST. NO. 20080128000100640 N w I I \ \ I I R.P.R.C.C.T. I �I / r 5/8"IRSC I �/ j I / ZI // / WATER EASEMENT I / WATER EASEMENT 24' FIRELANE, ACCESS, VOL. PG. I /I I VOL. PG. UTILITY AND DRAINAGE I / 10 EASEMENT 10VOL. PG ­ WHITE ROAD FIRE LANE, UTILITY I J I TO 3. l%1/ AND ACCESS EASEMENT I � � / � I INSTR. NO. 20131004001385960 I I / I l I /1-1 R.P.R.C.C.T. - - - - - - - - - - - - -- - -----I-------� -----------t - LEGEND BOUNDARY LINE EASEMENT LINE BUILDING LINE IRF IRON ROD FOUND IRFC IRON ROD FOUND WITH CAP IRSC IRON ROD SET WITH CAP IPF IRON PIPE FOUND NTS NOT TO SCALE (C.M.) CONTROLLING MONUMENT FND. FOUND B.L. BUILDING LINE P.R.C.C.T. PLAT RECORDS OF COLLIN COUNTY, TEXAS R.P.R.C.C.T. REAL PROPERTY RECORDS OF COLLIN COUNTY, TEXAS XS "X" CUT IN CONCRETE SET XF "X" CUT IN CONCRETE FOUND P.O.B. POINT OF BEGINNING --54.0' 42.0'-5/8" IRSC - 15'DRAINAGE EASEMENT INST. NO. 20150602000847440 O.P.R.C.C.T. 5' WATER EASEMENT 1 i ------------------------ VOL. PG. I I M ` I o i I w -----------�T--------L-u------_-�� `� o 1/2" IRF 5/8" IRSC1 BRASS TXDOT J � L MON. FND. 20' UTILITY EASEMENT VOL. 5550, PG. 294 1/2" IRF BRS. \ R.P.R.C.C.T. N0°14'E, 0.36' \ 20' DRAINAGE EASEMENT INST. NO. 20150602000647450 0PRCCT r nn ACG /\A/LJITC anon 1 \ STATE OF TEXAS § § COUNTY OF COLLIN § WHEREAS Q SEMINOLE ANNA TOWN CENTER, L.P. is the sole owner of the following described tract of land: BEING a tract of land situated in the F.T. Duffau Survey, abstract No. 288, and the Thomas Ratton Survey, Abstract No. 782, City of Anna, Collin County, Texas, and being a portion of a called 107.52 acre tract of land described in the deed to Q Seminole Anna Town Center, L.P., recorded in Instrument No. 20080128000100640, Real Property Records of Collin County, Texas, and being more particularly described as follows: COMMENCING at a 5/8-inch iron rod with a plastic cap stamped "KHA" set for the southeast corner of said 107.52 acre tract, same being the southwest corner of Lot 1, Block G of Creekside Phase 1, an addition to the City of Anna, according to the plat thereof recorded in Cabinet O, Page 32 of the Plat Records of Collin County, Texas, on the northerly right of way line of F.M.455, from which, a 1/2 inch iron rod found for witness bears North 00°14' East, a distance of 0.36 feet; THENCE North 00°13'51" East, along the easterly line of said 107.53 acre tract, and along the westerly line of said Lot 1, Block G, a distance of 276.57 feet to the POINT OF BEGINNING of the herein described tract; THENCE in an easterly direction, departing the easterly line of said 107.53 acre tract, the westerly line of said Lot 1, Block G, and crossing said 107.53 acre tract, the following: South 88°02'21" West, a distance of 262.70 feet to a 5/8-inch iron rod with a plastic cap stamped "KHA" set for corner; North 70°52'45" West, a distance of 26.34 feet to a 5/8-inch iron rod with a plastic cap stamped "KHA" set for corner; North 46°03'06" West, a distance of 19.65 feet to a 5/8-inch iron rod with a plastic cap stamped "KHA" set for corner; North 09°28'52" East, a distance of 34.45 feet to a 5/8-inch iron rod with a plastic cap stamped "KHA" set for corner on the curving easterly right of way line of Throckmorton Boulevard, a 60-foot wide right of way, as created in WalMart Anna Addition, an addition to the City of Anna, Texas, according to the Final Plat thereof recorded in Volume 2017, Page 549 of the Plat Records of Collin County, Texas, said curve being a non -tangent curve to the left; THENCE in a northerly direction, along the easterly right of way line of said Throckmorton Boulevard, and along the arc of said curve to the left, through a central angle of 37°20'14", having a radius of 395.00 feet, a chord bearing of North 18°53'53" East, a chord distance of 252.87 feet and an arc length of 257.40 feet to a 5/8-inch iron rod with a plastic cap stamped "KHA" set for the point of tangency of said curve; THENCE North 00°13'47" East, continuing along the easterly right of way line of said Throckmorton Boulevard, a distance of 66.50 feet to a 5/8-inch iron rod with a plastic cap stamped "KHA" set for corner; THENCE South 89°46'13" East, departing the easterly right of way line of said Throckmorton Boulevard and crossing said 107.52 acre tract, a distance of 215.16 feet to a 5/8-inch iron rod with a plastic cap stamped "KHA" set for on the easterly line of said 107.52 acre tract, same being the westerly line of aforesaid Lot 1, Block G; THENCE South 00°13'51" West, along the easterly line of said 107.53 acre tract, and along the westerly line of said Lot 1, Block G, a distance of 352.14 feet to the POINT OF BEGINNING and containing 2.002 acres (87,214 square feet) of land, more or less. OWNER'S CERTIFICATION NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT Q Seminole Anna Town Center, L.P.; acting herein by and through their duly authorized officers, do hereby adopt this plat designating the hereinabove described property as ANNA TOWN CENTER ADDITION, BLOCK A, LOT 3, an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. That the undersigned does hereby covenant and agree that he (they) shall construct upon the fire lane easements, as dedicated and shown hereon, a hard surface and that they shall maintain the same in a state of good repair at all times and keep the same free and clear of any structures, fences, trees, shrubs, or other improvements or obstruction, including but not limited to the parking of motor vehicles, trailers, boats, or other impediments to the access of fire apparatus. The maintenance of paving on the fire lane easements is the responsibility of the owner, and the owner shall post and maintain appropriate signs in conspicuous places along such fire lanes, stating "Fire Lane, No Parking." The police or his duly authorized representative is hereby authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for Fire Department and emergency use. The undersigned does covenant and agree that the access easement may be utilized by any person or the general public for ingress and egress to other real property, and for the purpose of General Public vehicular and pedestrian use and access, and for Fire Department and emergency use, in, along, upon, and across said premises, with the right and privilege at all times of the City of Anna, its agents, employees, workmen, and representatives having ingress, egress, and regress in, along, upon, and across said premises. This approved subject to all platting ordinances, rules, and regulations of the City of Anna, Texas WITNESS, my hand at 20 Q Seminole Anna Town Center, L.P. By: STATE OF TEXAS § § COUNTY OF § STATE OF TEXAS § COUNTY OF COLLIN § KNOW ALL MEN BY THESE PRESENTS That I, Michael B. Marx, do hereby certify that I prepared this plat and the field notes made a part thereof from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my supervision. Michael B. Marx Registered Professional Land Surveyor Texas Registration No. 5181 Kimley-Horn and Associates, Inc. 5750 Genesis Court, Suite 200 Frisco, TX 75034 (972) 335-3580 michael.marx@kimley-horn.com STATE OF TEXAS § § COUNTY OF COLLIN § PRELIMINARY THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY �DOCUMENT Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Michael B. Marx, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office, this .20 Notary Public in and for the State of Texas Printed Name My Commission Expires GENERAL NOTES: 1. All corners set are monumented with a 5/8 inch iron rod with red plastic cap stamped "KHA", unless otherwise noted. 2. All bearings shown are based on grid north of the Texas Coordinate System, NAD83, North Central Zone 4202. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.999856573. Vertical Datum NAVD 88. FLOOD STATEMENT: day of According to Map No. 48085CO155 J dated June 2, 2009, of the National Flood Insurance Program Map, Flood Insurance Rate Map of Collin County, Texas, Federal Emergency Management Agency, Federal Insurance Administration, this property is located in Zone X (unshaded), which is not located in a 100-year floodplain. If this site is within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. Approved this day of 2017, by the City Council of the City of Anna, Texas. Mayor City Secretary this the day of ANNA TOWN CENTER ADDITION FINAL PLAT OF BLOCK A, LOT 3 (Print Name) Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared of Q Seminole Anna Town Center, L.P., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office, this 20 Notary Public in and for the State of Texas Printed Name My Commission Expires day of 2.002 ACRES OUT OF THE THOMAS RATTON SURVEY, ABSTRACT NO. 782, AND F.T. DUFFAU SURVEY, ABSTRACT NO. 288 CITY OF ANNA, COLLIN COUNTY, TEXAS SEPTEMBER, 2017 Kimley»>Horn November 30, 2017 Joseph Johnson Director of Public Works City of Anna 3223 North Powell Parkway P.O. Box 776 Anna, TX 75409 RE: Anna Town Center Hotel, Lot 3 — Response to City Ordinance 11.03(b) — Off -Site Drainage Dear Mr. Johnson: This letter is in response to City comments submitted via email on November 20th, 2017. Specifically, this letter addresses the above referenced project's impact on off -site drainage as required by City Ordinance 11.03(b). Kimley-Horn prepared "Chief Partners Drainage Study" (October 20, 2014) in accordance with City of Anna drainage requirements (which references the City of Plano Drainage Manual). The design storm included in the analysis is the 100-year storm with a 24-hour duration, with a frequency storm distribution. Anna Town Center Lot 3 is located within the study area. The "Chief Partners Drainage Study" shows that no increases in peak flows, velocities, or water surface elevations are expected downstream of the development during the design storm. Therefore, the analysis states that the development as designed will not increase flood related damage on downstream properties during the design storm due to the development's impact on off -site drainage. Damage that may have occurred before the development was in place may still occur. The analysis does not consider other rainfall event frequencies or durations. In addition to the above, Anna Town Center Lot 3 is designed to convey its stormwater runoff to an existing 36" diameter storm drain at the southeast corner of the subject site. Record drawings for the 36" storm drain confirm it is adequately sized to accept undetained runoff from Anna Town Center Lot 3. Kimley-Horn understands that the analysis summarized above and included in the "Chief Partners Drainage Study" is sufficient to meet the requirements of City of Anna Ordinance 11.03(b). Please contact me at (972) 770-1729 orjoseph.horn isher(a)_kimley-horn.com should you have any questions. Sincerely, yo 4M44M Joseph Hornisher, P.E. Project Manager THE CITY OF AiAtia AGENDA ITEM: Item No. 9. City Council Agenda Staff Report Meeting Date: 2/13/2018 Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing City staff to use lawful means, including negotiations and, if necessary, proceedings in eminent domain, to acquire an easement on private property owned by Richard L. Chron and Bill & Darla Theis. (Joseph Johnson) SUMMARY: The US 75 Utility Relocation Project consists of approximately 11,957 linear feet of water line relocations necessary due to additional right-of-way acquisition by the Texas Department of Transportation (TxDOT) for the reconstruction of US 75. The project is at a critical juncture where City utilities must be relocated promptly in order to avoid conflicts with imminent roadway construction. This yet to be acquired easement is preventing the project from moving forward. In order to construct this water line, the City will need to acquire an easement across property owned by Richard L. Chron and Bill & Darla Theis. The attached Resolution authorizes staff to negotiate, and, if necessary, initiate eminent domain proceedings to acquire the easement. The US 75 Utility Relocation Project supports the following goals from the City's adopted Strategic Plan: (1) Upgrade City Facilities & I nfrastructure (2) Build Transportation Infrastructure STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. A motion to approve the Resolution should be made precisely as follows as prescribed by law: "I move that the City of Anna, Texas authorize the use of eminent domain to acquire 0.280 acres of land, more or less, for a permanent water line easement, said tract located in the W.E. Throckmorton Survey, Abstract No. 0899, Collin County, Texas, and being over, under and across a called 6.537 acre tract of land conveyed to Richard L. Chron and Bill & Darla Theis by deed recorded in Instrument Number 20141222001390510 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.280 acres being more particularly described by the metes and bounds description set forth in Exhibit A to this Resolution, which I incorporate in full into my motion." ATTACHMENTS: Description Upload Date Type Resolution - Finding of Public Necessity 2/5/2018 Resolution Exhibit A 2/5/2018 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. 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 ON AND UNDER 0.280 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. WHEREAS, the City of Anna plans to construct and/or install water lines and associated facilities to meet the public need to provide water system improvements to benefit the City of Anna, its citizens and the general health, safety and welfare; and WHEREAS, it is necessary to acquire a certain permanent water line easement not now held by the City of Anna for such water system improvements; and WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the acquisition of said easements and/or to pursue the easements under power of eminent domain; and WHEREAS, the City Council of the City of Anna, Texas ("City Council"), after careful consideration, finds that a public necessity exists for acquisition of a permanent water line easement, providing limited rights on and under 0.280 acres of real property, more or less, which is more particularly described in Section 2 of this resolution, for the purposes of installation, maintenance, replacement, and/or repair of water lines, and benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The City Council finds that the above -stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 3 1.03 The City Council, by this resolution, intends, if necessary, to exercise the City's powers of eminent domain under Texas Local Government Code § 251.001 and any and all other applicable statutes. Section 2. Easements to be Acquired The necessary permanent water line easement sought to be acquired will provide limited rights on and under a portion of a tract, said portion totaling approximately 0.280 acres of real property (the "Water Line Easement"), held by Richard L. Chron and Bill & Darla Theis and/or others. Said approximate 0.280 acres of real property is generally aligned and described as Parcel 27 in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise permanent easement to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the permanent water line easement. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The City Council finds a public necessity for the public welfare and convenience to acquire the Water Line Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing water lines. The City Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys, to acquire the needed Water Line by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys and other legal counsel if determined necessary by said attorneys, —as necessary and in the appropriate sequence —to have the Water Line Easement appraised by a certified appraiser, to send the landowner(s) a copy of the appraisal and the landowner's bill of rights statement, to enter into good -faith negotiations with the landowner(s), to make a bona -fide offer and make any necessary initial and final monetary offers in an attempt to acquire the Water Line Easement consistent with the appraisal(s), when appropriate, and to convey the City's desire to acquire the Water Line Easement in an efficient manner, and, if necessary, to institute proceedings in eminent domain and take all necessary actions in such proceedings to condemn and acquire the Water Line Easement. The City Council hereby authorizes and ratifies any such actions taken thus far, and hereby further asserts its full authority, to the greatest extent provided by law, to acquire the Water Line Easement identified in Section 2, above. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3 Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED AND APPROVED by the City Council of the City of Anna, Texas, this 13t" day of February, 2018. ATTESTED: APPROVED: City Secretary Carrie L. Smith Mayor Nate Pike CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3 OF 3 Richard L. Chron & Bill & Darla Theis 912212016 Parcel No. 27 City of Anna EXHIBIT "A" FIELD NOTE DESCRIPTION PERMANENT WATER LINE EASEMENT CITY OF ANNA, TEXAS Being a strip of land for a permanent Water Line Easement 15-foot width and being under, over and across a 5.588 acre remainder of a called 6.537 acre tract of land located in the W.E. Throckmorton Survey, Abstract No. 0899, Collin County, Texas, Lot 1 of the Rancho Del Norte Section One Addition, recorded in Cabinet H, Page 800 of the Plat Records of Collin County Texas (P.R.C.C.T.), conveyed to Richard L. Chron and Bill and Darla Theis by deed recorded in Instrument Number 20141222001390510, of the Deed Records of Collin County Texas (D.R.C.C.T.), said strip of land being more particularly described as follows; BEGINING at a TxDOT 3" disc found for comer, said disc being the northeast property corner of said 5.588 acre remainder of lot 1, and the southeast corner of a called 7.960 acre tract of land conveyed to Rattan Properties, LTD, by deed recorded in Volume 4820, Page 2730, of the D.R.C.C.T., said point also being on the new west right-of-way line of U.S. Highway 75 (variable width R.O.W.); THENCE, S 07°34'20" W, along the new west right-of-way line of said U.S Highway 75, and along the east line of said 5.588 acre remainder of lot 1, a distance of 195.02 feet to a TxDOT 3" disc found for corner, said disc being the beginning of a curve to the right, said curve having a radius of 11,682.37 feet, a central angle of 02°18'05" (chord bearing - S 06'28'11" W and chord distance of 469.21 feet); THENCE, being along said curve to the right, also along the new west right-of-way line of said U.S. Highway 75, and along the east line of said 5.588 acre remainder of lot 1, an arc distance of 469.24 feet to a TxDOT 3" disc found for comer; THENCE, S 09°20'07" W, along the new west line of said TxDOT right-of-way, and the east property line of said 5.588 acre remainder of lot 1, at a distance of 142.94 feet passing the north line of a 75-foot wide TxDOT drainage easement by deed recorded in Volume 652, Page 423 of the D.R.C.C.T., continuing a total distance of 147.52 feet to a point for comer, said point being S 39°32'00" E a distance of 2.42 feet to a 5/8" iron rod found near the said new west right -of --way line of U.S. Highway 75, said point being on the southeast property line of said 5.588 acre remainder of lot 1, on the northeast property line of a 4.717 acre remainder of a called 5.00 acre tract of land, lot 2 of the Rancho Del Norte Section One Addition, Recorded in Cabinet H, Page 800 of the P.R.C.C.T., conveyed to Vincent and Lay Chen by deed recorded in Instrument Number 20080319000328070 of the D.R.C.C.T.; THENCE, N 89°47'56" W, departing the new west line of said TxDOT right-of-way, along said common property line of lots 1 and 2, a distance of 15.19 feet to a point for corner; THENCE, N 09°20'07" E, departing said common property line, and at a distance of 7.00 feet passing out of said TxDOT drainage easement, being at all times a 15-foot perpendicular distance from and parallel with the east property line of said 5.588 acre remainder of lot 1, and the new west right-of-way line of said U.S. Highway 75, a distance of 149.41 feet to a point for corner, said point being the beginning of a curve to the left, said curve having a radius of 11,697.37 feet, a central angle of 02°17'56" (chord bearing - N 06°28'16" E and chord distance of 469.29 feet); THENCE, along said curve to the right, being at all times 15-foot radial distance from and concentric with the new west right-of-way line of said U.S. Highway 75 and the east line of said 5.588 acre remainder of lot 1, an arc distance of 469.32 feet to a point tangency; H:\ProjectskAnna\2016114 US75 Utility RelocationsTasement Plats\Descriptions\20161 14 Parcel 27.doc Page I of 3 Richard L. Chron & Bill & Darla Theis 912212016 Parcel No. 27 City of Anna EXHIBIT "A" THENCE, N 07°34'20" E, being at all times a 15-foot perpendicular distance from and parallel with the east property line of said 5.588 acre remainder of lot 1, and the new west right-of-way line of said U.S. Highway 75, a distance of 193.23 feet to a point for corner, said point being on the common property line of said 5.588 acre remainder of lot 1, and the said 7.960 acre Rattan tract; THENCE, S 89.12' 19" E, along said common property line, a distance of 15.11 feet to the POINT OF BEGINING, said permanent Water Line Easement containing 0.280 acres (12,178 square feet) of land, more or less. Notes: 1. Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System, NAD-83, Texas North Central Zone 4202. 2. Field survey concluded on 09/15/2016. 3. An Easement Plat of even date herewith accompanies this Field Note Description. Gary C. Hendricks, P.E., R.P.L.S. Texas Registration No. 5073 Birkhoff, Hendricks & Carter, L.L.P. TBPLS Firm No. 100318-00 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 <r� 0 F. F ........................ GARY ...CLINTON ..HEN..WR9 �;•o� 5073 8URjE� HAProjectsWnna\2016114 US75 Utility RelocationsTasement PlatsTescriptions\20161 l4 Parcel 27.doc Page 2 of 3 [- Q N (0 lOOaa �..� O Q N O£LZ '0d 'OZ9b 10A p� w Z (S3a0V 096'L a 174) oD Vj an 'S3U.83do8d WIM m _I J Z cA o o f N• X U Q W a �p w a 0cn � a m w W o- •r H w LJJ Ri `✓ J w m H J Z �N I z m� UWzM z °a P�w� z W o ti 18 LL 0 U -<, 2,15 O T Z " N 10 w z 'a zo v a Q w w H QLL: a- 0 z 3 LO CO :Ci 41 • 4 1 N� m 0 '�S '': d :��� LP I a � Nos vocll! �CiCi :C°: V- NvcciCi I fi 3 �i a dig �17 I U Cl3 gOld O I d xO-¢ in NO 9 I S Z ci z U Z_ S EE 10 v2 O H I Q w p CCS��� ry�j i 1 Mg, 479 U z c�i En p, , 599 l Mv 8oT�r <z 9 IX 5G4 IN, ass O N �Zg o 009 'Od 'H '8YJ tp ^ ci R � U U H Z L NOLLO3S 31NON l3a oHONvs !o h W z w (SMOV 00'9 o � � a3TMJ V dO WONMUN 383V LLr1) w m o a z < N3HO AVl 2P 1N3ONIA l = z 101 = I _ C' "i 6MP'If1S3 LZ I—od *lL9i0Z\l40ld\�Lold i--D3\4UOf--qvu Ri an SLSfI *119L0Z\-WI"lad :H 3SSAnH3MAV - 9l/ZZ/6 :a3SIA31 M LL 0 ua a THE CITY OF AiAtia AGENDA ITEM: Item No. 10. City Council Agenda Staff Report Meeting Date: 2/13/2018 Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute a contract with Wilson Contractor Services, LLC for the Foster Crossing Water Line Project. (Joseph Johnson) SUMMARY: The City Council previously granted authorization to solicit competitive sealed proposals for the Foster Crossing Water Line Project. The project includes approximately 6,700 linear feet of 12" water line to be installed along Foster Crossing generally between SH 5 and Pecan Grove. The project is identified as a necessary project in our 10-year Capital Improvement Plan, will complete a critical water loop in our distribution system, and allows for activation of the Collin Pump Station. On January 11, 2018 at 3:00 PM, competitive sealed proposals were publicly opened and read for the Foster Crossing Water Line Project. 9 proposals were received. Our engineering consultant (Birkhoff, Hendricks & Carter) has evaluated the competitive sealed proposals received; checked references, and the contractors' qualifications and ability to perform the project. Subsequently, our consulting engineer has recommended that the City accept the proposal from Wilson Contractor Services, LLC and award them a contract in the amount of $622,712.92. Funds are available for this project in the 2012 Certificates of Obligation fund balance. The Foster Crossing Water Line Project supports the following goals from the City's adopted Strategic Plan: (1) Upgrade City Facilities & Infrastructure STAFF RECOMMENDATION: Staff recommends approval of the Resolution authorizing the City Manager to execute a contract with Wilson Contractor Services, LLC for the Foster Crossing Water Line Project. ATTACHMENTS: Description Resolution Exhibit A - Contract B HC Contract Award Recommendation Letter Bid Summary Bid Tabulation Upload Date Type 2/8/201 t Resolution 2/8/2018 Exhibit 2/8/2018 Backup Material 2/8/2018 Backup Material 2/8/2018 Backup Material CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WILSON CONTRACTOR SERVICES, LLC OF DENTON, TEXAS FOR THE FOSTER CROSSING WATER LINE PROJECT. WHEREAS, the Foster Crossing Water Line Project (the "Project") is necessary in order to activate the Collin Pump Station and provide for adequate looping and redundancy in the water system; and, WHEREAS, the City Council of the City of Anna, Texas (the City Council) has previously authorized the City Manager to solicit competitive sealed proposals for the Project; and, WHEREAS, the City of Anna, having solicited competitive sealed proposals in accordance with State law, opened said competitive sealed proposals on January 11, 2018 at 3:00 P.M.; and, WHEREAS, the City's consulting engineer, Birkhoff, Hendricks & Carter, LLP, has thoroughly evaluated said proposals; and, WHEREAS, Wilson Contractor Services, LLC of Denton, Texas submitted a project bid as part of their proposal having submitted a bid of $622,712.92; and, WHEREAS, the City of Anna's consulting engineer, having thoroughly reviewed said proposals and contractors' qualifications, has recommended award of the contract to Wilson Contractor Services, LLC in the amount of $622,712.92; and, WHEREAS, there are funds available for the Project in the 2012 Certificate of Obligation fund balance, said funds being assigned for this purpose; and, WHEREAS, the City Council desires to authorize the City Manager to award the Project to and execute a contract with Wilson Contractor Services, 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 Wilson Contractor Services, LLC of Denton, Texas, for the Project, attached hereto as Exhibit A, and authorizes, ratifies and approves the City Manager's execution of the same subject to final legal review and approval by the City Attorney. The City Manager is hereby authorized to execute all RESOLUTION NO. PAGE 1 OF 2 FOSTER CROSSING WATER LINE CONTRACT AWARD 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 13t" day of January 2018. ATTEST: APPROVED: City Secretary Carrie L. Smith Mayor Nate Pike RESOLUTION NO. PAGE 2 OF 2 FOSTER CROSSING WATER LINE CONTRACT AWARD QUALIFICATION STATEMENT OF BIDDERS SUBMITTED TO: City of Anna Reviewed by: Date Received: Contractor: Wilson Contractor Services, LLC CIRCLE ONE: ❑ Sole Proprietor ❑ Partnership Name: Wilson Contractor Services, LLC Address: 3985 Mingo Road City: Denton Phone: (940) 243-1174 Principal Place of Business: Denton County Texas t,ounry 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: Texas Location of Principal Office: 3985 Mingo Road, Denton, Texas 76208 Contact Persons at Office: Tony Martinez or Wade Moore (940) 243-1174 PERSON EXECUTING CONTRACTS ON BEHALF OF CORPORATION: Name: Weldon Wilson Title: President Phone: (940) 243-1174 Names of Officers: (If Applicable) List Number of Employees Working For Contractor: State Address: 3985 Mingo Road Denton, Texas 76208 City State Zip 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: + 15 TYPE(S) OF WORK DONE: (CIRCLE) ❑ Asphalt Paving ® Storm Sewer ® Water & Sanitary Sewer Lines ❑ Concrete Paving ® Earth Work ❑ Steel Erection ❑ Misc. Concrete ❑ Bridge Work ❑ Painting ❑ Channel Lining ❑ Demolition ❑ Fog Seal ® Pump Stations ❑ Landscaping ❑ Chip Seal ® Concrete Structures: Inlets, Box Culverts, Junction Boxes Other: Comments: jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\05-qualification statement. doe - 9 - Qualification Statement CONTRACTOR QUALIFICTIONS Provide Only Five Separate Municipal Projects: Experience shall be on Water Line Projects. All projects must have been completed in the past 5-years. Project 1: (Limit description to 300-words): Project Description: 10,834 L.F. of 12", 8" and 6" C900 DR18 PVC Water Line w/associated, isolation valves, air release valves and vaults, fire hydrant assemblies, and domestic water services. Owner/Agency: Contract Price: Contact Person Date Started City of Southlake $2,305,855.72 Alex Ayala, P.E. October 2013 Project 2: (Limit description to 300-words): Phone: (817) 748-8274 Date Completed March 2017 (TxDOT Delay) Project Description: 4,200 L.F. of open cut 16" PVC Water Line, 550 L.F. of 16" PVC in 30" Steel Casin_y Dry Auger Bore with associated connections, air release valve assemblies, Fire Hydrants, 12" and 16" Insertion Valves, Transfer Valve Vaults Owner/Agency: Contract Price: of Rowlett $1,421,155.67 Contact Person: Tony Creonte Date Started: aril 30, 2015 Project 3: (Limit description to 300-words): Phone: (972) 463-3918 Date Completed: November 3, 2015 Project Description: 3,414 L.F. of 24", 20" and 12" C905 and C900 PVC Water Mai Owner/Agency: Contract Price: 325 L.F. of 42", 430 L.F. of 36"„ and 138 L.F. of 24" Steel Casing by Dry Auger Bore Cityof f Wylie $1, 059, 559.41 Contact Person: Chris Holsted, P.E. Phone: (972) 516-6400 Date Started: June 25, 2013 Date Completed: January 13, 2014 jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\05-qualification statement.doc - 1 o - Qualification Statement Project 4: (Limit description to 300-words) Project Description: 3,200-Feet of 12" PVC, 1,505-Feet of 16" D.I. Waterline and associated appurtenances Owner/Agency: City of Denton Contract Price: Contact Person: Chris Lutrick Date Started: January 26, 2017 Phone: (940) 349-7152 Date Completed: July 26, 2017 Project 5: (Limit description to 300-words): Project Description: 6,600-Feet of 16" Waterline and associated appurtenances Owner/Agency: Contract Price: Contact Person: of Lewisville $1,459,107.75 Eric Schrack Phone: (972) 219-3490 Date Started: August 1, 2016 Date Completed: September 21, 2017 • Provide total number of Municipal Water Line Projects that your company has completed: + 30 • List total number of projects completed with City of Anna: L • List all worker days lost due to job site safety and/or accidents within last 5-years: 2-incidents, 180-days • Provide summary of safety program and name of Safety Officer: Wilson is current on all OSHA required safety programs, trench safety and competent person. We as well have in-house safety that includes personal protection. Safe program is evaluated by our current insurance carrier and is administered by Donald Wilson at office site. (USE ATTACHMENTS IF NECESSARY) jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\05-qualification statement.doc - 11 - Qualification Statement If Company is under new management, please list names of staff and qualification and/or experience of said persons. (please use attachment.) Have you or any present Partner(s) or Officer(s) failed to complete a contract? No If so, name of Owner and/or surety: Contact Person: Phone: Are there any unsatisfied demands upon you as to your accounts payable? No If so, give names, amounts, and explanations: Bank Reference: Bank: Ciera Bank Address: 3970 F.M. 2181 City: Hickory Creek State: Texas Zip: 76065 Contact Person: Cheryl Quisenbe Phone: (940) 321-0135 Municipality Reference: City: Sachse Contact Person: Greg Peters, P.E. Position: City Engineer Address: 3815 Sachse Rd., Bldg. B, Sachse, Texas 75048 Phone: 469 429-4792 Other Credit References: Name: Wells Fargo Commercial Name: Greg Giau ue Address: Address: Phone - Phone (214) 472-7090 Claims and Suits (If the answer to any of the questions is yes, please attach details): on separate sheet of paper: Has your organization ever failed to complete any work awarded to it? ❑ Yes ® No Are there any judgments, claims, arbitration proceedings, or suits pending or outstanding against your organization or its officers? ❑ Yes ® No Has your organization filed any lawsuits or requested arbitration with regard to construction contracts within the last five years? ❑ Yes ® No Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? ❑ Yes ® No j:\clerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\05-qualification statement doe - 12 - 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: President Weldon Wilson Company. Wilson Contractor Services, LLC Date: COPY TO LOCAL UNDERWRITING OFFICE OF PROPOSED SURETY Name: Box Bonding Phone: (214) 212-4094 Address: 1200 S. Main. Suite 1600 City: Grapevine State: TX j:\c1erica1\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\05-qualification statement. doc - 1 3 - Qualification Statement QUALIFICATION STATEMENT OF BIDDER'S SURETY SUBMITTED TO: City of Anna BIDDER: Wilson Contractor Services LLC ADDRESS: e PHONE: 940-243-1174 1. Has this surety furnished contract bonds on contracts now complete? 36 2. Has this surety furnished contract bonds on contracts now incomplete? 8 3. What is the maximum bonding capacity of this Contractor? $15.000,000.00 4. Is the current financial information on this Contractor satisfactory? Yes 5. Does information obtained indicate accounts are paid when due? Yes If not, give details: 6. Is it your opinion that the bidder has sufficient experience and financial resources to satisfactory perform the contract? Yes T 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? yes REMARKS: SURETY: UI Svecialt ilrz urance Comvan SIGNED: Vr Z TITLE: Steven W. LewQ Attorne -in-Pact ADDRESS: CITY: Los Angeles �— STATE: CA ZIP: -gpQI7 PHONE: 310649-0990 (IN DUPLICATE) 1:Vclerfcallanna12015.104 w foster crossing roan wllspecsltech-spec105yualificalion statement doc - 4 - Qualification Statement 4/i/5-0/7 Contractor Serfli?es, GGC 39851&7go Rd Denton, Texas 76208 (-94(0�) 2, 5 U-117�f January 11, 2018 To Whom It May Concern: Re: Lost time injuries Wilson Contractor has experienced 3 lost time work related injuries in the last five years. 1 fractured arm, worker slipped on site 1 fractured leg, worker was hit with a dirt clump being pushed by stock piling activity. The clump rolled from the top of stock pile and struck worker in the leg. 1 injury due to city owned vehicle striking a worker All workers are still employe. Weldon Wilson, Pres. Wilson Contractor Services Wilson Contractor Services, LLC 3985 Mingo Rd. n Denton, Tx 76208 Office: 940-243-1174 /Fax: 940-898-1175 www.wilsoncontractorservices.com Statement of Qualifications / Release Form Deep in History and Rich in Experience Wilson Contractor Services, LLcwas founded in 1953 by Bill Wilson and placed on record by Articles of Organization as a limited liability company under filing number 07091133-22 as of June 12, 2001. Cifr al Coona4 West Station Weldon Wilson Patricia Wilson Tony Martinez President Secretary/Treasurer Vice President ✓ Wilson Contractor Services, LLC is bonded by SureTec Insurance With a first-rate safety record & pristine work history, we Company through PCL Contract Bonding Aaencvof Dallas, Texas. take pride in offering our services to the water, storm ✓ SureTec is a treasury -listed surety company with an A. M. Best rating sewer, and sanitary sewer systems installation industry. ofA Excellent. PCL specializes in bondingfor contractors in North Texas. i Outstanding quality work and materials Industry required insurance coverage is brilliantly serviced through i Safety -conscious procedures & processes Independent Insurance Grouo, an affiliate of PCL Contract Bonding Knowledgeable people who care Ate• Environmentally -friendly As a corporate officer, the undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the Owner in verification of the information contained in these statements of bidder's qualifications. Executed this 24th day of March, 2016 Please read on for a list of our current and past projects. Authorized Siignotture for Wilson Contractor Services, �LLC W W"`�"� " By: Weldon Wilson Title: President Page 1 Revised March 2411, 2016 Wilson Contractor Services, LLC 3985 Mingo Rd. Denton, Tx 76208 Office: 940-243-1174 /Fax: 940-898-1175 www.wilsoncontractorservices.com CURRENT PROJECTS City of Sachse, Texas Sachse -Gorlond Third Sanitary Sewer Connection PGBTto Howlett Creek Inte�r WCS Pro iect No. 2016-001; Description: This Project's scope of work includes construction of 4291 L.F. of 30-inch and 24-inch sanitary sewer, 1706 L.F. of 8-inch sanitary sewer, a 120 L.F. aerial crossing of Rowlett Creek, one vault for future metering station, 28 sanitary sewer manholes, 323 cubic yards of tied back gabion retaining wall and associated incidental construction associated appurtenances. This project includes associated pavement repair, tree protection, SW3P, traffic control, and trench safety. Construction has begun as of March 15th 2016 and is scheduled for completion by August 2016 Contract Amount: $1,928,824.90 Owner: City of Sachse. Texas 3815 Sachse Rd. Building B City Engineer Greg Peters, P.E. 469-429-4792 Office Sachse, TX 75048 469-628-0072 Cell Inspector: Gary Alexander 469-429-4789 Office 214-878-0559 Cell Engineer: R.Delta Engineers Pipe Line 618 Main St. Project Engineer: David B. Porter, P.E. (972) 494-5031 Office Garland, Texas 75040 DPorter@Rdelta.com City of Southlake, TX Water and SanitorZ Sewer Relocations for FM 1938 WC-5 Pro'ect No. 2013-012 Description: Installation and construction of approximately 10,834 LF of 12", 8", & 6" C900 DR18 PVC Water Line w/ associated, isolation valves, air release valves and vaults, fire hydrant assemblies, and domestic water services. Project includes 5,352 LF of 10" & 8" SDR26 CL PVC gravity sewer Main, 28 each cast in place concrete manholes and associated existing pipeline abandonment and removal. Scope of work includes 1,310 LF of 24", 18", & 16" Steel encasement by dry auger bore and open cut installations. Project includes cement treated sand embedment, over 20, 800 SF of Concrete, HMAC pavement and sidewalk repair, tree protection, SW3P, traffic control, and trench safety. Construction has begun and we are approximately 98% complete. Due to TXDOT Road Widening a portion of the work is put on hold until the road way cut is completed. Project is schedule to be completed in June of 2016 Contract Amount: $2,305,855.72 Owner: City of Southlake. TX Page 2 Revised March 240, 2016 Wilson Contractor Services, LLC 3985 Mingo Rd. Denton, Tx 76208 Office: 940-243-1174 /Fax: 940-898-1175 www. wi I soncontractorservices. com 1400 Main St. Project Manager: Alex Ayala P.E. 817-748-8274 Office Southlake, TX 76092 AAyala@CI.Southlake.TX.US 817-748-8077 Fax Inspector: Patrick Corbett PCorbett@CI.Southlake.TX.US 817-748-8096 Office 817-748-82.03 Fax 817-739-3909 Cell Engineer: TranSvstems Corporation Consultants Project Engineer: Michael R. Hobbs, P.E. 817-339-8950 Phone 500 W. 71h Street Suite 1100 MRHobbs@TranSvstems.com Fort Worth, TX 76102 City of Saginaw, TX S.E 24-inch Trunk Main Re locement Phase I & ll! WC5 Project No. 2015-024 Description: Installation and construction of approximately 1,533 LF of 24" SDR26 P5115 ASTM D3034 PVC Gravity Sewer Main. Project includes cast in place concrete manholes and associated existing Gravity Sewer System pump arounds for proposed construction, pipeline abandonment and removal. Scope of work includes 260 LF of 42" Steel Encased Gravity Sewer Main by Dry Auger Bore and associated cellular grouting of the annular voids. Project includes associated Concrete, HMAC pavement and sidewalk repair, tree protection, SW3P, traffic control, and trench safety. Construction began on March 111, 2016 and is scheduled to be completed the end of June 2016 Contract Amount: $609,940.00 Owner: City of Saginaw. TX 333 West McLeroy Blvd. Public Works Director: Mark White. 817-230-0500 Office Saginaw, TX 76179 mwhite@ci.sasinaw.tx.us 817-232-9868 Fax Inspector: Tommy Peacock 817-230-0500 Office tpeacock@ci.saeinaw.tx.us 817-232-9868 Fax Engineer: Kimlev Horn and Associates(Ftw) Project Engineer: Jeff James, P.E. 817-335-6511 Phone 801 Cherry St. Unit #11 Ste 950 Jeff.James@Kimlev-Horn.com 817-939-8057 Cell Fort Worth, TX 76102 Project Coordinator: Andrew Simonsen, EIT 817-339-2248 Direct Andrew.Simonsen@Kimley- Horn.com Plano Parkway Investments, LP Villas of Middleton PH1 WCS Proiect No. 2015-025 Description: Installation and construction of wet utilities (Water, Sewer, Storm Sewer Systems for a 70 lot sub -division development at the NW Corner of Plano Parkway and Independence Parkway. Scope includes approx. 1, 700 LF of 6", 8", & 12" waterline, hot taps, valves, fire hydrants, new domestic and irrigation services. Project includes dry auger bores to connect gravity sewer, and water system to existing city infrastructure. Project includes associated Concrete, HMAC pavement and sidewalk repair, tree protection, SW31), traffic control, and trench safety. Construction began on Late November scheduled to be completed the end of March 2016. This project is 90% complete. It has been on hold awaiting approval to the City of Plano permitting for an existing gas line relocation out of the flowline of the proposed sewer bore across Plano Parkway to tie into the City's 27" main. Anticipated project completion in late April 2016. Page 3 Revised March 24a, 2016 Wilson Contractor Services, LLC 3985 Mingo Rd. Denton, Tx 76208 Office: 940-243-1174 /Fax: 940-898-1175 www.wilsoncontractorservices.com Contract Amount: $564,994.16 Owner: Plano Parkway Investments C/O Consultant Brisco and Company LLC 545 E. John Carpenter Freeway Consultant: Jim Brisco (214) 384-1806 office Irving, Tx 75062 JPBrisco@mindspring.com 817-230-0500 Office Inspector: 817-232-9868 Fax City of Plano Inspector: David Sproat (972) 941-7450 office DavidSP@Plano.gov (972) 816-8138 cell Engineer: ION Design Group Project Engineer: Jason Trafton, P.E. (214) 370-3470 7075 Twin Hill Ave. Suite 350 Jason@londesigngroup.net Dallas, TX 75231 City of Southlake, TX 2013 CIA Pressure Plane Interconnection Valves WCS Pro'ect No. 2013-019 Description: Construction and installation of 5 pressure plane interconnection valves with cast in place vaults, pipe connections, pressure gauges, flow meters, pipe, fittings, valve vault, sterilization and testing, temporary erosion, sedimentation and water pollution prevention and control, groundcover (seeding & sodding), connection to power supply, all permits, SCADA modifications, reprogramming and installations, electrical connections, meters, RTU and all appurtenances needed to have a complete workable system Construction has begun and we are approximately 90% complete. Project is schedule to be completed in early May 2016 Contract Amount: $770,342.47 Owner: City of Southlake. TX 1400 Main St. Project Manager: Southlake, TX 76092 Inspector: Engineer: Neel Schaffer & Cheatham & Associates Project Engineer: 2501 Avenue J Suite 120 Arlington, TX 76006 Alex Ayala P.E. 817-748-8274 Office AAvala@CI.Southlake.TX.US 817-748-8077 Fax Patrick Corbett 817-748-8096 Office PCorbett@CI.Southlake.TX.US 817-748-8103 Fax 817-739-3909 Cell Derek B. Cheatham, P.E. 817-548-0696 Phone derek.cheatham@neel- schaffer.comcom Page 4 Revised March 2411, 2016 Wilson Contractor Services, LLC 3985 Mingo Rd. Denton, Tx 76208 Office: 940-243-1174 /Fax: 940-898-1175 www.wilsoncontractorservices.com COMPLETED PROJECTS City of Rowlett, Texas O site Water main For the Maim Street Elevated Stara e Tank WCS Pro'ect No. 2015-001 Description: This Project's scope of work consists for all the work associated installing a new domestic Water distribution system including: 4,200 LF of open cut 15" PVC Water Line, 550 LF of 16" PVC in 30" Steel Casing by Dry Auger Bore with associated connections, air release valve assemblies, Fire Hydrants, 12" and 16" Insertion Valves, Transfer Valve Vaults, a total of 118", 12", & 16" Hot Taps to tie in existing Domestic Water Systems along with associated appurtenances. This project includes associated pavement repair, tree protection, SW3P, traffic control, and trench safety. Construction was completed on November 3'd 2015. Contract Amount: Owner: City of Rowlett. Texas 4310Industrial Street Rowlett, TX 75030-0099 Engineer: Neel Schaffer & Cheatham & Associates Pipe Line 2501 Avenue! Suite 120 Arlington, TX 76006 City of Grapevine, TX SH121 Utility Relocations WCS Project No. 2013-018 Description $1,421,155.67 City Engineer City Engineering Assistant Project Engineer: Sherrelle R. Diggs, P.E. SDigRs@Rowlett.Com Tony Creonte USN Ret. TCreonte @ Rowlett. corn Miguel A. Sanchez, P.E. Mixuel.Sanchez@Neel- Schaffer.com 972-412-6178 Office (972) 463-3918 Office 817-7187371 Office Installation and construction of approximately 4,5004 LF of 12", 8", & 6" C900 DR18 PVC Water Line w/ associated, isolation valves, air release valves and vaults, fire hydrant assemblies, and domestic water services. Project includes 6,400 LF of 10" SDR26 HW PVC gravity sewer Main, 17 each cast in place concrete manholes and associated existing Gravity Sewer System pump arounds for proposed construction, pipeline abandonment and removal. Project also consists of a 4,430-If dual 12" DR18 PVC Sanitary Sewer Waste Water Force main. Scope of work includes 1,500 LF of 54", 36", & 20" Steel encasement by dry auger bore and open cut installations. Project includes cement treated sand embedment, associated Concrete, HMAC pavement and sidewalk repair, tree protection, SW3P, traffic control, and trench safety. This Project was completed on October 30th 2015 Contract Amount: $1,959,321.79 Owner: City of Grapevine. TX Page 5 Revised March 24' , 2016 Wilson Contractor Services, LLC 3985 Mingo Rd. Denton, Tx 76208 Office: 940-243-1174 /Fax: 940-898-1175 www.wilsoncontractorservices.com 200 South Main St. Project Manager: John D. Robertson, P.E. 817-410-3136 Office Grapevine, TX 76051 JRobertson@Grapevinetexas.gov 817-410-3003 Fax Inspector: Gerald E. McLeod 817- Office GMCleod@arapevinetexas.¢ov 817-748-8103 Fax 817-614-4276 Cell Engineer: Pacheco Koch Dallas Project Engineer: Craig Turner 817-412-7155 Phone 6100 Western Place Suite 1001 Project Coordinator 817-412-7156 Fax Fort Worth, TX 76107 CTurner@PKE.com 817-939-8057 Cell Starwood HOA Frisco, Texas 2013Irrigation System lmj2roygments, Pump Station and irri a i n Line WCS Pro'ect No. 2 14-001 Description: This Project's scope of work consists for all the work associated with converting an existing 840+ Lot luxury home subdivision's city metered irrigation system to a private well feed pump station and distribution line. Work consists of a duplex 30HP Vertical Turbine Pumps and a 600GPM Pump station, wet well and self-cleaning lake screen. Also includes associated Electrical and Radio controls to operate the pump station. Distribution system includes 4,610 LF of open cut 12", 10", 8", and 6" DR11 IPS HDPE pipeline and 3,780 LF by directional boring 10", 8", and 6" DR11 IPS HDPE pipeline with associated connections, air release valve assemblies, and associated appurtenances. This project includes associated pavement repair, tree protection, SW3P, traffic control, and trench safety. Construction was completed on April 27, 2015 Contract Amount: $1,042,622.06 Owner: Starwood HOA 6550 Starwood Drive Community Manager Frisco, TX 75034 Engineer: Cobb. Fendlev &Associates. Inc. Pipe Line 6801 Gaylord Parkway Suite 302 Project Engineer: Pump Frisco, TX75034 Station Rod Forsyth, P.E. Diane Barta, CCAM,CMCA, AMS 972-335-3662 Office Don Wortham, PhD, P.E. 972-335-3214 Office DWortham(@CobbFendlev.com 972-335-3202 Fax Rod Forsyth, P.E. 972-335-3214 Office RForsth@CobbFendlev.com 972-335-3202 Fax City of Sachse, TX Sanitary Sewer Improvements Lift Stations 16' FM & 27" Truck Sewer Renovations WC5 Pro'ect No. 2013-011 Description: This Project is a renovation to the existing Waste Water Gravity Sewer & Force Main Sewer Lines as well as an overhaul to the Merritt Road Lift Station and Sachse Road Lift Station. The Pipeline portion includes the construction of approximately 1,251 LF of 24" C905 PVC Force Main to replace the existing 16" PVC Force Main. In addition we are replacing approximately 300 LF of 27" & 24" Gravity Sewer feeding the Merritt Rd. Lift Station with 30" & 36" PVC pipeline. This portion of work includes 2 each 6' diameter concrete manhole with Raven Lining Epoxy interior Lining and associated temporary by-pass pumping. The lift Station Renovations are as follows: Merritt Rd: We will replace two each existing 18"x18" Stainless Steel Slide gate with new 24"x18" SS slide gates including new wall brackets and hand operated actuators. The existing 4 each 40HP sewerage pumps, guide rails, pump discharge base elbow and discharge piping were removed and replaced with 4 each new 147 HP sewerage pumps Page 6 Revised March 24t'. 2016 Wilson Contractor Services, LLC 3985 Mingo Rd. on Denton, Tx 76208 Office: 940-243-1174 /Fax: 940-898-1175 www.wilsoncontractorservices.com and associated pipe, fittings, and brackets. This renovation included electrical panel and pump control panel, and SCADA overhaul. Also included is a 500 KW standby Generator with weatherproof enclosure and the Vapex Nano Hydroxyl Radical Fog Odor Control System. The Merritt Road Lift Station interior was lined with Raven Lining's 405 epoxy system prior to being put back online. The Sachse Rd. Lift Station (planned to be decommissioned in the future) received one of the Merritt Rd 40 HP pumps and 1 new 40HP sewerage pumps. The Control panels and SCADA systems were upgraded as well. This project includes associated pavement repair, tree protection, SW3P, traffic control, and trench safety. Construction & final punch list was completed July 26th, 2014 Contract Amount: $1,268,659.25 Owner: City of Sachse, TX 3815 Sachse Rd. Building B City Engineer Sachse, TX 75048 Inspector: Engineer: Cobb, Fendlev & Associates. Inc. Pipe Line 6801 Gaylord Parkway Suite 302 Project Engineer: Lift Frisco, TX 75034 Station Rod Forsyth, P.E. Greg Peters, P.E. Gary Alexander 469-429-4792 Office 469-628-0072 Cell 469-429-4789 Office 214-878-0559 Cell Don Wortham, PhD, P.E. 972-335-3214 Office DWortham@CobbFendlev.com 972-335-3202 Fax Rod Forsyth, P.E. 972-335-3214 Office RForsth@CobbFendley.com 972-335-3202 Fax City of Wylie, TX SN 78 Water Distribution Line Birmingham St to East Brown Street Aro'ect No. 2013-006 Description: Installation and construction of approximately 3,414 LF of 24", 20" & 12" C905 & C900 PVC Water Main, 325 LF of 42", 430 LF of 36", & 138 LF of 24" steel casing by dry auger bore. Project includes 4 each 24", 1 each 16", 1 each 14" Butterfly valves, 2 each 4" Combination air/ vacuum release valves with 5' diameter vaults, 1 each 12"and 3 each 6" Blow Off Valve assemblies with 5' diameter vaults, associated pavement repair, tree protection, SW3P, traffic control, and trench safety. Construction was completed on January 13, 2014 Contract Amount: $1,059,559.41 Owner: City of Wylie, TX 300 Country Club Road City Engineer Chris Holsted, P.E. Wylie, TX 75098 chris.holsted@wvlietexas.gov Design Birkhoff Hendricks & Carter. L.L.P. Engineer: 11910 Greenville Ave. Suite 600 Project Engineer: Joe R. Carter, P.E. Dallas, TX 75243 JCarter@BHCLLP.com 972-516-6400 Office 972-516-6327Fax 214-361-7900 Office Page 7 Revised March 24th, 2016 Wilson Contractor Services, LLC 3985 Mingo Rd. Denton, Tx 76208 Office: 940-243-1174 /Fax: 940-898-1175 City of Big Lake, TX Industrial Park Area Sewer WCS Proiect No. 2013-008 Description: ii-10 www.wiIsoncontractorservices.com Installation and construction of approximately 13,958 LF of 15", 12", 8", & 6" SDR35 PVC Gravity Sewer Main, 85 LF of 24" steel casing by dry auger bores with 29 each 4' diameter precast manholes, service connections, pavement repair, tree protection, SW3P, traffic control, and trench safety. Construction completed on October 11, 2013 Contract Amount: Owner: City of Big Lake, TX 203 Plaza Big Lake, TX 76932 Engineer: Enprotec / Hibbs & Todd Pipe Line: 402 Cedar, Abilene, TX 79601 $869,807.50 Director of Utilities and inspector for this Project Project Engineer: Troy Kaykendall John D. Voller, P.E. Joh n.Voller(& E-HT.com 325-884-2510 Office 325-698-5560 Office 325-691-0058 Fax City of Corinth, TX FM2181 Utility Relocations 1$-inch Force Main. FM2499 i:Jtffity_ Relocations and Westside Lift Stotion WCS Project No 2012-013 Description: Installation and construction of approximately 35,400 LF of Wet utility pipeline including 18" & 12" PVC Force Main, 18", 12", 8" and 4" Gravity Sewer, and 12", 6", 8" PVC water mains including associated valves, fire hydrants, Water and Wastewater CARVs, 18" Electro-magnetic flow meter with vault and associated new electrical and SCADA systems and integration. This project also includes approx. 3,350 If of Steel encasement by dry auger bore and open cut, Gravity Sewer Bypass pumping for construction, flow -able fill, pavement and sidewalk repair, tree protection, SW3P, traffic control, and trench safety. This Project includes a complete 3900GPM Lift Station with a volume of approximately 2,100 cubic feet. The bottom of the wet well reached excavation elevations of -34vf. Three identical 107HP effluent pumps with one acting as a backup pump are housed in three independent internal chambers with flows directed/controlled via 36" Hydro Gate stainless steel slide gates. Corrosion protection was achieved utilizing the Spectra Shield Liner Systems Interior coating system for the Lift Station and associated Junction and Manhole Structures. Lift Station Project includes a climate controlled CMU building with cold form metal truss system, metal deck ceiling, and shingled roof to house switch gear, RTU, and necessary electrical appurtenances. Complete with a Trailer mounted portable 275 kW Generator, this project includes the Vapex Environmental Technologies' 0-Mega Hydroxyl Radical Fog Odor Control System. Construction was completed 09/25/2013 Contract Amount: Owner: City of Corinth. TX $5,656,267.43 3300 Corinth, Parkway Director of Public Works: Justin H. Brown, P.E. Corinth, TX 76208 JBrown(@citvofcorinth.com 940-498-3200 Office 940-498-3266 Fax Inspector Pipe Line: Page 8 Revised March 240, 2016 Jeff McClelland 940-498-3266 Office Wilson Contractor Services, LLC 3985 Mingo Rd. on Denton, Tx 76208 Office: 940-243-1174 /Fax: 940-898-1175 www.wilsoncontractorservices.com JMcClelland@citvofcorinth.com 940-498-3200 Fax 940-465-6687 Cell Inspector Lift Station: Jeff Hyde 940-498-3266 Office JMcClelland@citvofcorinth.com 940-498-3200 Fax 940-465-6703 Cell Engineer: Hallff Associates Pipe Line: 4000 Fossil Creek Blvd. Project Engineer: Ben McGahey, P.E. 817-764-74710ffice Fort Worth, TX 76137 BMcGahev@Halff.com 817-232-9784 Fax Engineer HDR West 17111 Preston Rd. Ste 200 Project Engineer: Lance Ferland, P.E. Side Lift Dallas, Tx 75248 972-960-4400 Office Station: Lance.Ferland@HDRINC.com 972-960-4471 Fax City of Denton, TX US 380 Utility Relocation PH2 WCS Proiect No. 2013-001 Description: Installation and construction of approximately 580 LF of 12" & 10" SDR35 PVC Gravity Sewer Main, 288 LF of 18" & 20" steel casing by dry auger bores with 10 each 5' diameter cast in place manholes, pavement repair, tree protection, SW3P, traffic control, and trench safety. Contract Amount: $204,309.40 Owner: City of Denton. TX 901-B Texas St. Project Manager: Denton, TX 76209 Inspector: Engineer: City in House Engineers Project Engineer: City of Southlake, TX SH 114 20" Water Line from White Chapel Blvd. to Town Square WCS Proiect No. 2011-010 Description: James E. Wilder, P.E. 940-349-8953 Office lames.wilder@cityof denton,com 940-349-8951 Fax Gerry Powers 940-349-8953 Office Gerry. Powers@citvofdenton.com 940-349-8951 Fax 940-231-2399 Cell Installation and construction of approximately 8,955 LF of 20" C303-95 Bar Wrapped RCCP Water Main, 20" BFVs, ARVs, and associated wet taps and connections to existing system. Scope of Work (all Completed in -House) includes 3 each 36" steel dry auger bores with 20" DI pipe (488 LF under SH114, 374 LF, & 80 LF), 1,093 LF of 30" steel encased 20" RCCP by dry auger bore, flowable fill, pavement repair, tree protection, SW31P, traffic control, and trench safety. Contract Amount: $1,920,964.14 Owner: City of Southlake. TX Page 9 Revised March 241', 2016 Wilson Contractor Services, LLC 3985 Mingo Rd. Denton, Tx 76208 1 Office: 940-243-1174 /Fax: 940-898-1175 www.wilsoncontractorservices.com 1400 Main St. Project Manager: Steve Anderson P.E. 817-748-81010ffice Southlake, TX 76092 Sanderson@CI.Southlake.TX.US 817-748-8077 Fax Inspector: Patrick Corbett 817-748-8096 Office PCorbett@CI.Southlake.TX.US 817-748-8103 Fax 817-739-3909 Cell Engineer: Cheatham &Associates Project Engineer: Derek Cheatham P.E. (Tx) 817-335-65611 Phone 2233 Avenue J, Suite 107 DCheatham@Cheatham- 817-335-5070 Fax Arlington, TX 76006 Associates.com City of Rhome, TX 2010 West Side Sewer Line and Lift Station Proiect No. 2010-025 Description: Installation and construction of approximately 4,100 LF of 6" DR-18 PVC Force Main with air release valves, 500 LF of 8" SDR-35 PVC Gravity Sewer with concrete manholes, 414 LF of 12" steel encasement by dry auger boring, 175 GPM 7.5 HP Sewerage pump Duplex Lift Station with associated electrical and control panels, level sensors, and SCADA integration, flowable fill, pavement repair, tree protection, SW31P, traffic control, and trench safety. Contract Amount: Owner: City of Rhome TX 105 W. First Street Rhome, Texas 76078 Engineer: Kimlev-Horn & Associates. Inc 801 Cherry St, Unit 11, Suite 950 Fort Worth, TX 76102 $446,211.50 Public Works Director: Preston Gilliam 817-636-2462 Office RhomePublicWorks@Earthlink.net 817-636-2465 Fax 940-210-65011 Cell Project Manager: Mike Shelton, AICP, P.E. (Tx) 817-335-65611 Phone Mike.Shelton@Kimlev-Horn.com 817-335-5070 Fax 817-875-9098 Cell City of Argyle 12' Water Line Extension Stonecrest Rd. to Hamole Rd. Description: Installation and construction of approximately 4000 LF of 12 DR-18 PVC water main by open cut, 1450 LF of 12" DR-11 HDPE fusion welded water main, 465 LF of 20" steel encasement by bore, associated gate valves, hydrant, and air release valve assemblies, water services, storm water pollution prevention plan, traffic control and trench safety,. Contract Amount: $407,887.00 Owner: GTUA on behalf of Argyle Water Supply Corp. 825 W. FM 407 G. M. Argyle WSC Randall Davis 940-464-7713 Office Argyle, TX 76226 Engineer: Biggs & Mathews, Inc. Construction Inspector: Office Fax Cell Project Manager: Kerry]. Maroney, PE 940-766-0156 Phone KJMaroney@bmincwf.com 940-766-3383Fax Page 10 Revised March 24�, 2016 Wilson Contractor Services, LLC 3985 Mingo Rd. Denton, Tx 76208 Office: 940-243-1174 /Fax: 940-898-1175 2500 Brook Wichita Falls, TX 76301 City of McKinney US 75 Waterline Relocations From Bray Centrol Drive to North of Wilmeth Road Proiect No. WA9120 & WW9121 (Substantially Complete) Description: r• www.wilsoncontractorservices.com Installation and construction of approximately 2,903 LF of 16" DR-18, 260 LF of 16" polyethylene encased DI water line, 67 LF of 6" and 8" DR-18 by open cut, and 405 LF of 12" in 24"steel encasement by bore, including 4 fire hydrants, barrel extensions, gate valves, 16" butterfly valve and vault, flowable fill, pavement repair, tree protection, SW3P, and trench safety. Contract Amount: Owner: City of McKinney 222 North Tennessee McKinney, Texas 75069 Engineer: Brown and Gay Engineers, Inc. 108 W. 8th Street, Suite 200 Fort Worth, Texas 76102 City of McKinnev Airport Sewer Phase 11 for the City of McKinney (Substantially Complete) Description: $528,483.00 Sr. Utility Engineer Paul Tucker 972-547-7573 Office City of McKinney ntucker@mckinneytexas.org 972-547-2604 Fax Construction Inspector: David Whiteside 972-547-7420 Office dwhiteside@rnckinneytexas.org 972-547-2604 Fax 972-529-8522 Cell Project Manager: Carl Krogness 817-887-6138 Phone ckroaness(o)browngay.com 817-887-6135 Fax 817-691-4574 Cell Installation and construction of approximately 5,990 LF of 12 and 15 inch PVC gravity sewer main by open cut in varying depth up to 32 VF, including 16 raven lined cast in place manholes, 620 LF of 24" steel encasement by bore, Tie into existing TRA SS via cast in place manhole, storm water pollution prevention plan, and trench safety,. Contract Amount: Owner: City of McKinney 222 North Tennessee McKinney, Texas 75069 Engineer: TRC Engineers 505 East Huntland Drive, Suite 250 Austin, Texas 78752 $746,650.90 Sr. Utility Engineer Paul Tucker 972-547-7573 Office City of McKinney otuckerC@mckinneytexas.ore 972-547-2604 Fax Construction Inspector: David Whiteside 972-547-7420 Office dwhiteside(tmckinnevtexas.ore 972-547-2604 Fax 972-529-8522 Cell Project Manager: Beau Perry, PE 512.454.8716 Phone koer[y@tresolutionsl.com 512.454.2433 Fax 512.569.1709 Cell Page 11 Revised March 240, 2016 Wilson Contractor Services, LLC 3985 Mingo Rd. Denton, Tx 76208 Office: 940-243-1174 /Fax: 940-898-1175 www.wilsoncontractorservices.com Tarrant County Community Development Project Original Town 12' Water Line Crossing Description: Installation and construction of approximately 219 LF of 12 inch DR-18 water line in 20" Steel encasement by bore, including railroad flagman, road repair, landscape restoration, and storm water pollution prevention plan. Contract Amount: Owner: Tarrant County Community Development 1509 South University Drive Suite 276 Fort Worth, TX 76107-9502 Engineer: Belcheff & Associates 100 Trophy Club Dr. Ste 103 Trophy Club, Texas 76262 Greater Texoma Utility Authority 24" Water Transmission Line Encasement Description: 65 875 Program Manager: Brad Hearne 817-850-7940Office bhearne@tarrantcountv.com 817-850-7944 Fax Community Development and Cyndi Walker Housing Coordinator: cwaler@tarrantcountv.com Project Engineer: George Belcheff, PE 817-491-2776 Office georgeb(o@belcheff.com 817-491-2749 Fax 817-637-7301 Cell Remove and Reinstall 530 LF of existing 3 year old 24 inch ductile iron water pipe with new gaskets and bell to spigot continuity jumper cables in new 36" x 3/8 wall encasement pipe by open cut. Install 20 LF of new 24" DI water line and 2 solid sleeve closures. Provide trench safety. Contract Amount: Owner: Greater Texoma Utility Authority 5100 Airport Drive Denison, Texas 75020 98 650 903-786-4433 Office 903-786-8211 Fax Engineer: Freeman-Millican.lnc. 12225 Greenville Avenue Project Engineer: David E. Gattis, P.E. 214-503-0555 Office Suite 121 903-815-1850 Cell Dallas, Texas 75243 dgattis@fmi-dallas.com Page 12 Revised March 24`^, 2016 Wilson Contractor Services, LLC 3985 Mingo Rd. # Denton, Tx 76208 Office: 940-243-1174 /Fax: 940-898-1175 {' www.wilsoncontractorservic;s.com Country Club Road Water Line for the City of Lucas Description: Installation and construction of approximately 1,550 LF of 16" water line, 7,280 LF of 12" water line, 1,500 LF of 8" water line, 90 LF of 6" water line including fire hydrants, valves, and other appurtenances as required. Installation was primarily by open cut with 40 LF of 16" in 24" encasement by bore and 150 LF of 12" installed in 20" encasement by bore. Contract Amount: Owner: City of Lucas 151 Country Club Road Lucas, Texas 75002-7663 Engineer: BW2 Engineers, Inc. 1919 S. Shiloh Road Suite 500, LB 27 Garland, Texas 75042 $623,200.50 City Engineer: Stacy Caudell 972-727-8999 scaudell@lucastx.us City Manager: Robert Patrick 469-628-8576 rpatrick@lucastx.us Project Engineer: Mike Burge, PE 469-576-0863 mburge@bw2inc.com 972-864-8200 Main 972-864-8220 Fax 2008 Water S stem Improvements for the City of Roanoke (Completed February 2010) Description: Installation & construction of approximately 3,000 LF of 16-inch waterline, including 730 LF of bore and steel casing; 1,800 LF of 12- inch water line including various connections and appurtenances; construction of four pressure reducing valve concrete vaults with related connections and appurtenances, and improvements to the North Gateway Pump Station. Contract Amount: Owner: City of Roanoke 265 Marshall Creek Road Roanoke, Texas 76262 Engineer: Kimlev-Horn & Associates, Inc 801 Cherry St, Unit 11, Suite 950 Fort Worth, TX 76102 1 535 477 Director of Public Works: Cody Petree Project Inspector: Mike Maxson 817-491-6099 Main 817-491-3114 Fax Project Engineer: Carl DeZee, P.E. 817-335-6511 Main 817-335-5070 Fax 817-789-0445 Carl.DeZee@kimley-horn.com Page 13 Revised March 2411, 2016 Wilson Contractor Services, LLC 3985 Mingo Rd. n Denton, Tx 76208 Office: 940-243-1174 /Fax: 940-898-1175 www.wilsoncontractorservices.com Dallas Water Supply Line No. 3, Phase 2 for the City of Lewisville (Completed February2010) Description: Construction & open cut installation of approximately 6,300 LF of new 30-inch water line including 548 LF of 42" steel encasement by dry auger bore. Project located from northeast corner of FM 2281 (Old Denton Road) and Hebron Parkway to the Castle Hill/Carrollton border along FM 2281. Contract Amount: Owner: City of Lewisville 151 West Church PO Box 299002 Lewisville, Texas 75029-9002 972-219-3458 Main 972-219-3487 Fax Engineer: Birkhoff. Hendricks. & Conway 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 214-361-7900 Main 214-461-8390Fax 1426 581 Project Inspector: Dan Johnson 214-263-7281 Project Manager: Jeff Kelly, P.E. 972-219-3458 Project Engineer: Ron Conway P.E. 214-361-7900 WYLIE TO PLANO WATER LINE RELOCATION —NORTH TEXAS MUNICIPAL WATER DISTRICT Description: Furnish all plant, labor, material, and equipment & perform all work required for the construction of the Wylie to Plano Water Line Relocation, including approximately 3,271 LF of 14-inch waterline, including 514 LF with 24" steel encased bore under railroad -- together with all necessary appurtenances. Contract Amount: Owner: North Texas Municipal Water District PO Box 2408 5050 E. Brown Street Wylie, TX 75098 Engineer: Birkhoff. Hendricks. & Conwav 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 214-361-7900 Main 214-461-8390 Fax 441 323 Project Inspector: LarryWheeler 214-450-4457 Project Manager: Scott Holden, P.E. 972-442-5405 ext 353 Project Engineer: Ron Conway P.E. 214-361-7900 Page 14 Revised March 241^, 2016 Wilson Contractor Services, LLC 3985 Mingo Rd. o� Denton, Tx 76208 Office: 940-243-1174 /Fax: 940-898-1175 www.wilsoncontractorservices.com FM 2499 UTILITIES RELOCATION —CITY OF HIGHLAND VILLAGE Description: Installation of 16-Inch, 12-Inch, and 8-Inch waterline, including valves and other appurtenances. In addition, 12-Inch, and 8-Inch sewer line along with manholes and other appurtenances. Portions of the water lines will include encasement in steel casing pipe installed by open cut and portions of the proposed sewer lines will be included in steel casing pipe by boring and jacking. Portions of existing sewer lines will be encased in concrete encasement Contract Amount: $405,460 Owner: City of Highland Village 1000 Highland Village Road, Highland Village, 75077 Consulting Engineer: Michael Burge BW2 Engineers 1919 Shiloh Road, Suite 500-L.B. 27 Garland, Texas 75042 972-864-8200 Phone; 972-864-8220 Fax 20-INCH WATER LINE —CA RROLL AVENUE AT SOUTH LAKE SLVO 12-INCH WATER LINE —DOVE BLVD AT 5H 114 CITY OF SOUTH LAKE Description: Furnish and install construction of 20-Inch ductile iron restrained joint pipe, connection at two stations, dry bore Yz" thick 36" diameter welded steel casing including 20" diameter (CL51) poly -wrapped ductile iron restrained joint pipe. Furnish and install fire hydrants. Remove and dispose of existing parking lot pavement, then furnish and install 4" thick compacted Type D HMAC on 6" thick compacted Type A, Grade 1 crushed stone road base. Provide and implement traffic control, erosion control, and trench safety for project. Furnish and install full block Bermuda sod in areas disturbed by construction activity. Contract Amount: $259,695 Owner: City of Southlake 1400 Main Street, Southlake, TX 76092 Consulting Engineer: David Mayes P.E. Cheatham & Assoc; 2233 Avenue J, Suite 107, Arlington, TX 76006 Phone: 817-548-0696 / Fax: 817-265-8532 cheatham-associates.com 10-INCH WATER LINE FROM ROBINSON ROAD PUMP STATION TO FM 156 12-INCH WATER LINE - TOWN OF PONDER Description: Furnish and install approximately 1,929 LF of 10-Inch AWWA C900 DR-18 PVC Water Line by open cut, including 275 LF of 10- Inch AWWA C900 DR-18 PVC Water Line by bore utilizing a 16-Inch 0.375-Inch thick steel sleeve, gate valves, fire hydrants and connections to the existing water distribution system. Contract Amount: $133,772 Owner: Town of Ponder 425 Shaffner Street, Ponder, TX 76259 Consulting Engineer: Michael Anderson, E.I.T. Belcheff & Associates, Inc. 8870 Davis Boulevard, Fort Worth, TX 76180 817-421-4891 VALLEY RIDGE NE 30" WATER LINE — LEWISVILLE, TX Description: 4,400 LF of 30-inch waterline from Valley Ridge Boulevard at SH 121 Business to College Street at the railroad tracks near Railroad Street, including bore under SH 121. Contract Amount: $1,383,174 Owner: City of Lewisville, 151 W. Church Street, Lewisville, TX 75057 (972) 219-3458 Phone; (972) 219-3487 Fax Consulting Engineer: J.R. Baddakar, P.E., Freese & Nichols, 1701 N. Market St., Suite 500, Dallas, TX 75202 (214) 920-2500. PHASE TWO - 18" WATER LINE EXTENSION - ARGYLE. TX Description: 18,100 LF of 18" C905 PVC including fire hydrants, air releases, and gate valves. Contract Amount: $929,000 Owner: Upper Trinity Regional Water District, 900 N. Kealy, Lewisville, TX 75067 Contact: Rick Fretwell (Inspector) (972) 529-7937 Phone Consulting Engineer: Biggs and Matthews Inc., 2500 Brook Street, Wichita Falls, TX 76301; (940) 766-0156 Phone Page 15 Revised March 241', 2016 Wilson Contractor Services, LLC 3985 Mingo Rd. Denton, Tx 76208 Office: 940-243-1174 /Fax: 940.898-1175 { www.wilsoncontractorservices.com TARRANT COUNTY COURTHOUSE WEST ELEVATION RESTORATION — PHASE II BORING AND TRENCHING Description: Design -Build Construction of underground utility boring and direct trench placement of underground utilities, new manholes, and a new underground precast concrete vault between Tarrant County Courthouse Building and Tarrant County Administration Building Contract Amount: $829,465 Owner: Tarrant County, 100 East Weatherford Street, Suite 303, Fort Worth, Texas 76102 Consulting Engineer: Gretchen Gause, Project Manager for Arthur Weinman Architects, 550 Bailey Avenue, Suite 332, Fort Worth, Texas 76107. 817-737-0977. Fax: 817-737-2203 20" UTILITY RELOCATIONS - STATE HIGHWAY 114 - SOUTHLAKE, TX Description: 3,269 LF of 20" B-303 concrete pressure pipe, bar wrapped steel cylinder type AWWA C303-95, 4,250 LF of 12" DR18 PVC, 841 LF of 12" C900 DR14 PVC, 165 LF of 8" C900 DR18 PVC including butterfly valves, gate valves, air release valves, with vaults, fire hydrants, 4' diameter manholes an d158 LF of 15" CL51 ductile iron sanitary sewer pipe. Contract Amount: $823,275 Owner: City of Southlake, 1400 Main Street Suite 270, Southlake, TX 76092 Consulting Engineer: Cheatham & Associates, 1250 Copeland Road Suite 900, Arlington, TX 76011 David E. Mayes Director of Engineering Services; (817) 548-0696 Phone US 80 at South Parkway and Stream 266 Water and Sanitary Sewer Main Relocation — City of Mesquite Description: Construction of approximately 1,045 LF of 30", 260 LF of 21", 185 LF of 18", and 170 LF of 12" sanitary sewer; a 179 LF 8" sanitary sewer aerial crossing, 13 manholes, three drop manholes; 440 LF of 8" water pipe; 5 gate valves; 400 LF HMAC pavement repair. Contract Amount: $585,276 Owner: Matt Holzapfel, P.E. for City of Mesquite, Texas. 1515 N. Galloway. Mesquite, TX 75149. Consulting Engineer: Brian O'Neil, PE for Dannenbaum Engineering Corporation. 4141 Blue Lake Circle, Suite 240, Dallas, TX 75244. 214-239-2002. Fax: 214-239-1616. 36" RCP - Loy LAKE ROAD - SHERMAN, TX Description: 1,270 LF of 27", 30" and 36" RCP including 325 LF of 5' x 3' RBC and 140 LF of 8' x 3' RBC Contract Amount: $470,000 Owner: City of Sherman, 220 W. Mulberry St., Sherman, TX 75090 (903) 892-7622 Phone; (903) 870-7802 Fax Contractor: JRJ Paving, LP, 2277 Masch Branch Road, Denton, TX 76207 (940) 320-6340 Phone; (940) 320-6346 Fax Project Manager/Contact: Marty Murphy (JRJ Paving) (214) 802-2108 Phone WATERLINE - PRESTON ROAD, PROSPER, TX Job Number: 38304-0010 Description: 6,600 LF of 12" DR18 PVC waterline including fire hydrants, gate valves, SCADA site, pressure valve, and meter vault. Contract Amount: $463,639 Owner: Town of Prosper P.O. Box 307 Prosper, TX 75078, Mayor Charles Niswanger (972) 346-2640 Phone Consulting Engineer: Shane Walker, Hunger Associates Texas, LTD 8140 Walnut Hills Lane Suite 500, Dallas, TX 77903 (214) 369-9171 Phone Page 16 Revised March 241h, 2016 Wilson Contractor Services, LLC 3985 Mingo Rd. �^ Denton, Tx 76208 Office: 940-243-1174 /Fax: 940-898-1175 www.wiIsoncontractorservices.com 14" FORCE MAIN - FROM SWISHER ROAD TO DOBBs ROAD, CORINTH TX Description: 5,823 LF of 14" DR25 PVC including boring, gate valves, and air release valves with vaults and SCADA vault system. Contract Amount: $416,373 Owner: Upper Trinity Regional Water District, 900 N. Kealy, Lewisville, TX 75067 Contact: Randy Slinger (972) 679-8626 Phone Consulting Engineer: Douglas Biglen, P.E., CH2MHILL, 12377 Merit Drive, Dallas, TX 75251; (469) 766-6147 Phone 3900 LF 15-21" SEWER LINE PARVIN ROAD - DENTON, TX Description: 3900 LF of 15-21" sewer pipe including manholes; 296 LF of 8" SDR35, 140 LF of 12" SDR35, 15" LF of SDR35. Paving Contract Amount: $238,480 Owner: City of Denton, 901-B Texas Street, Denton, TX 76209 (940) 349-7100 Phone Contact: James Wilder, P.E., 601 E. Hickory Street, Denton, TX 76201 (940) 349-0133 Phone; (940) 349-8591 Fax SH 205 GRAVITY SEWER MAIN - ROCKWALL, TX Description: 5,359 LF of 18" SDR35 PVC Gravity Sewer Pipe including 5' diameter manholes, boring, and street repairs. Contract Amount: $334,320 Owner: City of Rockwall Purchasing Agent Chuck Todd, P.E. 385 S. Goliad 1st Floor, Rockwall, TX (972) 771-7746 Phone Consulting Engineer: Paul Carline, P.E. Birkhoff, Hendricks & Conway, L.L.P. 7502 Greenville Avenue, Dallas, TX 75231 (214) 361-7900 Phone WATER SYSTEMS IMPROVEMENTS - 20" WATER TRANSMISSION LINE FROM ELEVATED TANK SITE an Knox Road Connecting to Existing 20" Water Line, Westlake, TX - Job Number: 1056-404 Description: 3,230 LF of 20" CL151 ductile iron pipe including gate valves, butterfly valves, boring, and air release valve assemblies. Contract Amount: $334,531 Owner: Town of Westlake, 2650 JT Ottinger Road, Westlake, TX 76262 Contact: Jarrod Greenwood (817) 430-0941 Phone Consulting Engineer: Cheatham & Associates, 1250 Copeland Road Suite 900, Arlington, TX 76011 David E. Mayes Director of Engineering Services (817) 548-0696 Phone DUNCAN LANE WATER MAIN AND BAKERSFIELD WASTEWATER OUTFALL MAIN - FLOWER MOUND TX Description: 4,272 LF of 12" C900 DR14 PVC, 870 LF of 8" DR14 PVC including fire hydrants, 2,092 LF of 8" SDR35 PVC Gravity Sewer Pipe and 4' diameter manholes. Contract Amount: $284,571 Owner: Town of Flower Mound, 2121 Cross Timber Road, Flower Mound, TX 75028 Contact: Jim Palmer, P.E. (972) 874-6307 Phone Consulting Engineer: RJC Group, Inc., 7524 Mosier View Court, Suite 106, Fort Worth, TX 76118 DENTON CREEK BUSINESS PARK - DENTON, TX Description: 1,121 LF of 12" DR18 PVC, 1,855 LF of 8" DR18 PVC including valves, hydrants, air releases, boring, and 2,141 LF of 8" SDR35 and SDR26 Gravity Sewer Main with manholes. Contract Amount: $214,932 Owner: Mar -Properties, 2281 N. Masch Road Suite 400, Denton, TX 76202 Contact: Ben Hyham (940) 243-8527 Phone, (940) 243-8518 Fax WATER LINE RELOCATIONS AT FM 1417 & SH 56 Description: 35 LF of 8" C900 PVC, 67 LF 16" Class 250 DI, and 800 LF of 24" Class 200 DI Contract Amount: $172,157 Owner: City of Sherman, 220 W. Mulberry Street, Sherman, TX 75090 (903) 786-4433 Phone; (903) 870-7802 Fax Consulting Engineer: Timothy Morris, P.E., Morris Engineers, 225 E. Houston Street, Sherman, TX 75090 (903) 868-1644 Phone; (903) 868-1409Fax Page 17 Revised March 241^. 2016 Wilson Contractor Services, LLC 3985 Mingo Rd. Denton, Tx 76208 Office: 940-243-1174 /Fax: 940-898-1175 n www.wilsoncontractorservices.com WATERLINE - 135 WEST FRONTAGE HICKORY CREEK TX - SERVING THE LAKE CITIES MUNICIPAL UTILITY AUTHORITY Description: 2,548 LF of 12" and 4,532 LF of 16" CL200 ductile iron DR18 PVC waterline including valves, fire hydrants, air releases, boring, meter services, SCADA system and affiliated apparatuses. Contract Amount: $132,733 Owner: Lake Cities M.U.A. 501 North Shady Shores Road, Lake Dallas, TX 75065 Contact: Jeff Knight — Director of Water and Wastewater Utilities; (972) 877-5692 Phone, (940) 497-2926 Fax Consulting Engineer: J. Michael Saunders, P.E. North Texas Engineers, Inc.; (682) 225-6395 Phone, (817) 599-8063 Fax F.M. 544 14-INCH WATERLINE RELOCATION; PROJECT WCF 07-1 Description: Installation of approximately 225 LF of 14-Inch waterline and appurtenances, including 156 LF by bore and 24-Inch steel casing. Contract Amount: S124,745 Owner: North Texas Municipal Water District. Scott Holden, Project Manager. PO Box 2408, Wylie, Texas 75098; 972-442-5405 Phone; 972-295-6441 Fax Consulting Engineer: M. Anthony Samarripas, P.E., Suite 1800, 12700 Park Central Drive, Dallas, Texas 75251. 972-770-1300 Phone; 972-239-3820 Fax. SMITH STREET - ANNA, TX Description: 2776 LF of 8" DR18 PVC including 8", 2" gate valves and 5 fire hydrants Contract Amount: $121,730.50 Owner: City of Anna, 101 N. Powell Parkway, Anna, TX 75409 (618) 833-8528 Phone; (618) 833-3933 Fax Consulting Engineers: Tim Morris, P.E., Morris Engineers, 225 E. Houston St., Sherman, TX 75090 (903) 868-1644 Phone; (903) 868- 1409 Fax FM 2931 PAVING AND DRAINAGE IMPROVEMENTS OF DENTON COUNTY Description: 900 LF of 54" to 18" Class III RCP Storm Drainage including grated inlets. Contract Amount: $100,044.00 Owner: Denton County Fresh Water District No. 9, 306 N. Loop 288, Suite 112, Denton, TX 76209 Contact: Christopher Steubing (940) 349-2960 Phone, (940) 349-2961 Fax STINSON ROAD WATER LINE - LUCAs. TX Description: 610 LF of 12" DR18 PVC waterline with 95 LF of steel casing by boring and jacking including fire hydrants, and gate valves. Contract Amount: 588,013.00 Owner: City of Lucas, 151 Country Road, Lucas, TX 75002 Contact: Stacey Caudell, P.E. (972) 727-8999 Ext. 246 Phone Consulting Engineer: Michael Burge, P.E., BW2 Engineers, Inc., 1919 S. Shiloh Road Suite 500, L.B. 27, Garland, TX 75042 (972) 864- 8200 Phone, (972) 864-8220 Fax OLD ALTON ROAD - OLD ALTON, TX Description: 374 LF of 18" RCP, 347 LF of 24" RCP, 39 LF of 30" RCP including two junction boxes and one 5' manhole Contract Amount: $80,417.15 Owner: Denton County, 401 W. Hickory, Denton, TX 76201(940) 349-3080 Phone; (940) 349-3081 Fax Contractor: JRJ Paving, LP, 2277 Masch Branch Road, Denton, TX 76207 (940) 320-6340 Phone; (940) 320-6346 Fax Project Manager/Contact: Marty Murphy (JRJ Paving) (214) 802-2108 Page 18 Revised March 24' , 2016 Wilson Contractor Services, LLC 3985 Mingo Rd. Denton, Tx 76208 Office: 940-243-1174 /Fax: 940-898-1175 SACHSE TOWN CENTER - SACHSE. TX on r r' www.wilsoncontractorservices.com Description: 500 LF of 8" sewer line, 461 LF of 8" and 50 LF of 14" sewer line by directional bore including 4' diameter manholes Contract Amount: $83,446.35 Owner: Woodbridge Shopping Center, 7340 Highway 78, Sachse, TX 75048 (214) 679-8920 Phone Consulting Engineer: RLK Engineering, 111 West Main St. Allen, TX 75013 (972) 359-1733 Phone; (972) 359-1833 Fax WAGON WHEEL ROAD - COPPELL, TX Description: 155 LF of 42" HOPE including a 42" HDPE Headwall and 72" manhole Contract Amount: $61,40000 Contractor: Vortex Construction, 9744 Brockbank Drive, Dallas, TX 75220 (214) 902-0454 Phone Project Manager/Contact: Randy Bohanon (Vortex Construction) (469) 964-4295 Phone CASTLE HILLS EMERGENCY CONNECTION Description: 400 LF of 16" DR18 PVC including valves Contract Amount: $48,640.00 Owner: Upper Trinity Regional Water District, 900 N. Kealy, Lewisville, TX 75067 Contact: Mike Parsley (972) 219-1228 Phone, (972) 221-9896 Fax Page 19 Revised March 24�, 2016 PREVAILING WAGE RATES FOR MUNICIPAL CONSTRUCTION IN ANNA, TEXAS General Decision: TX170028 TX28 Date: 11 /03/2017 Construction Types: Heavy Counties: Collin, Dallas, Denton, Ellis, Kaufman and Rockwall Counties in Texas. Rates are for Heavy — Water & Sewer Lines / Utilities (including Related Tunneling where the Tunnel is 48" or less in diameter) construction projects only. For other wage rates or for updated rates, please the Texas General Decision County Index located at http://www.qpo.gov/davisbacon/tx,htrnl jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\06-wage rates.docx - 1 5J - Prevailing wage mares General Decision Number: TX170028 11/03/2017 TX28 Superseded General Decision Number: TX20160028 State: Texas Construction Type: Heavy Counties: Collin, Dallas, Denton, Ellis, Kaufman and Rockwall Counties in Texas. Water and Sewer Lines/Utilities (Including Related Tunneling Where the Tunnel is 48" or Less in Diameter) Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govoontracts. Modification Number Publication Date 0 01/06/2017 1 08/25/2017 2 11/03/2017 * PLUMOIOO-002 11/01/2017 Rates Fringes Plumbers and Pipefitters......... $ 30.84 11.51 SUTX1991-004 09/23/1991 Rates Fringes Laborers: Common ......................$ 7.25 Utility .....................$ 7.467 Pipelayer .........................$ 7.828 Power equipment operators: Backhoe.....................$ 10.804 Crane .......................$ 10.942 Front End Loader .............$ 9.163 Tunneling Machine (48" or less) ......................$ 9.163 TRUCK DRIVER .....................$ 8.528 https://www.wdol.gov/wdol/scafiles/davisbacon/TX28.dvb?v=2 Page 1 of 4 12/7/2017 jAclerical\anna\2015-104 w Foster crossing road wl\specs\contract\re-bid\06-wage rates does -16- Prevailing Wage Rates WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing https://www.wdol.gov/wdol/scafiles/davisbacon/TX28.dvb?v=2 Page 2 of 4 12/7/2017 jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\06-wage rates docx - % - Prevailing Wage Rates this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) https://www.wdol.gov/wdol/scafiles/davisbacon/TX28.dvb?v=2 Page 3 of 4 12/7/2017 jAclerical\anna\2015-104 w foster crossing road w1\specs\contract\re-bid\06-wage rates docx - t 8 - Prevailing Wage Rates Page 4 of 4 and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION https://www.wdol.gov/wdol/scafiles/davisbacon/TX28.dvb?v=2 12/7/2017 jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\06-wage rates.docx - 1 9 - Prevailing Wage Rates VENDORS COMPLIANCE TO STATE LAW Texas Government Code, Chapter 2252, Subchapter A provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state Contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section 4 must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident Contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. ❑ Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. ❑ Non-resident vendors in (give state), our principal place of business, are not required to underbid resident bidders. B. ❑ Our principal place of business or corporate office is in the State of Texas. BIDDER/OFFEROR.- Wilson Contractor Services. LLC Company: Address: 3985 Mingo Road City Denton, Texas 76208 State Phone: (940) 243-1174 Zip Signature: Title: Weldon Wilson (please print) President_ (please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION jAclericaRanna\2015-104 w foster crossing road wl\specs\contractlre-bid107-vendors compliance.doc - 20 - Vendors Compliance to State Law CONFLICT OF INTEREST QUESTIONNAIRE jAclericallanna'2015-104 w foster crossing road wl\specs\contractlre-bid\08-conflict of interestdoc - 21 - 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 relationshipas defined by Section 176 001(1-a) with a local governmental entity and the person meets requirements under Section 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 awa re of facts that require the statementto be filed. See Section 176 006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. 2 ❑Check this 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? Yes 1-1 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? F7Yes 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? 71 Yes E:1 No D. Describe each employment or business relationship with the local government officer named in this section. 4 Signature of person doing business with the governmental entity Date Adopted 06/29/2007 j:\clerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\08conflict of interest doc - 22 - Conflict of Interest AFFIDAVIT AGAINST PROHIBITED ACTS I hereby affirm that I am aware of the provisions of Texas Penal Code Section 36.02, 36.08, 36.09 and 36.10 dealing with Bribery and Gifts to Public Servants. I further affirm that I will adhere to such rules and instruct and require all agents, employees, and sub -contractors to do the same. I am further aware that any violation of these rules subjects the Contract Agreement for this project to revocation, my removal from bid lists, prohibiting future contract/subcontract work, revocation of permits, and prosecution. Signature: Weldon Wilson, President Date ATTEST (if corporation) Date jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\09-affidavit doc - 23 - Affidavit Against Prohibited Acts PROPOSAL AND BID FORM jlclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\10-p&bs-1 doc - 24 - Proposal and Bid Form Proposal of: PROPOSAL AND BID FORM Wilson Contractor Services, LLC Address: 3985 Min qo Road, Denton, Texas 76208 To the Honorable Mayor and City Council City of Anna, Texas (hereinafter called "Owner") (hereinafter called "Bidder"). Deadline for Submission of Sealed Competitive Bid: Thursday, January 11, 2018 at 3:00 p.m. Date of Sealed Bid Opening: Thursday, January 11, 2018 at 3:00 p.m. Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of: W. FOSTER CROSSING ROAD WATER LINE for the City of Anna, Texas, having carefully examined the plans, specifications, notice to bidders, invitation to bid and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the prices stated. The Bidder binds himself on acceptance of his proposal to execute the Contract Agreement and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated in Exhibit "A" of this proposal. Bidder hereby agrees to commence the work on the above project within ten (10) days of receipt of written "Notice to Proceed" and to fully complete the project within One Hundred Eighty (180) consecutive calendar days, thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum quoted below for each calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME: The time of completion is of the essence for this project. For each day that any work shall remain uncompleted after the time specified in the proposal and the Contract Agreement, or the increased time granted by the OWNER, or as equitably increased by additional work or materials ordered after the Contract Agreement is signed, the sum per day given in the following schedule, unless otherwise specified in the special provisions, shall be deducted from the monies due the CONTRACTOR: jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\10-p&bs-1 doc 25 - Proposal and Bud Form AMOUNT OF CONTRACT Less than $25,000.00 $25,000.00 to $99,999.99 $100,000.00 to $999,999.99 More than $1,000,000.00 AMOUNT OF LIQUIDATED DAMAGES $100.00 Per Day $500.00 Per Day $500.00 Per Day $500.00 Per Day The sum of money thus deducted for such delay, failure or non -completion is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages, per day that the CONTRACTOR shall be in default after the time stipulated in the Contract Agreement for completing the work. The said amounts are fixed and agreed upon by and between OWNER and CONTRACTOR because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER in such event would sustain; and said amounts are agreed to be the amounts of damages which the OWNER would sustain and which shall be retained from the monies due, or that may become due, the CONTRACTOR under the Contract Agreement; and if said monies be insufficient to cover the amount owing, then the CONTRACTOR or its surety shall pay any additional amounts due. In the event that the actual damages incurred by the OWNER exceed the amount of liquidated damages, OWNER shall be entitled to recover its actual damages. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with the Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days from date of bid opening until the date that the project is awarded by the City Council. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications, and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed, as provided in the contract documents. Enclosed with this proposal is a Cashier's Check or Certified Check for: 5% Greatest Amount Bid Dollars ($5% GAB), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\10-p&bs-1 doc -26- Proposal and Bid Form Bidder understands and agrees that the Contract Agreement to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Invitation to Bid. The Contractor's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the specifications as shown on the Proposal, or elsewhere, is approximate only and not guaranteed. The Owner does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work or other conditions pertaining thereto. Payment will be made on actual quantities installed at the unit bid price, and no claim will be made for anticipated profits for any decrease in profits. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is further agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased are to be performed at the unit bid prices. j:\clerical\anna\2015-104 w foster crossing road w1\specs\contract\re-bid\10-p&bs-1 doc - 27 - Proposal and Bid Fonn CITY OF ANNA, TEXAS W. Foster Crossing Road Water Line (Re -Bid) BID SCHEDULE BASE BID Item Estimated Price in Extended No. Quantity I Unit Description and Price in Words Figures I Amount 11 Furnish & Install 12-Inch Waterline with 1 6,318 L.F. Embedment by Open Cut $ 51.94 $ 328,156.92 complete in place, the sum of Fifty -One Dollars and Ninety -Four Cents per Linear Foot Furnish & Install 12-Inch Waterline with 24" Steel Encasement Pipe (1/4" Thick Wall) by 2 280 L.F. Other Than Open Cut $ 305.00 $ 85,400.00 complete in place, the sum of Three Hundred Five Dollars and No Cents per Linear Foot Furnish & Install 12-Inch Waterline with 24" Steel Encasement Pipe (3/8" Thick Wall) by 3 106 L.F. Other Than Open Cut $ 430.00 $ 45,580.00 complete in place, the sum of Four Hundred Thirty Dollars and No Cents per Linear Foot Furnish & Install 12-Inch Resilient Seated Gate 4 12 Ea. Valve $ 2,650.00 $ 31,800.00 complete in place, the sum of Two Thousand, Six Hundred Fifty Dollars and No Cents per Each 5 17 Ea. Furnish & Install Fire Hydrant Assembly $ 3,700.00 $ 62,900.00 complete in place, the sum of Three Thousand, Seven Hundred Dollars and No Cents per Each J-\CLERICAL\Anna\2015-104 W Foster Crossing Road WL\Specs\Contract\Re-Bid\I I-P&BS-2x1sx - 28 - Proposal and Bid Fo n1 BASE BID Item Estimated Price in Extended No. Quantity Unit Description and Price in Words Figures Amount 6 31 Furnish & Install 2-Inch Combination Air Ea. Release Valve with 4-Foot Dia. Manhole $ 3,875.00 complete in place, the sum of Three Thousand, Eight Hundred Seventy -Five Dollars $ 11,625.00 and No Cents per Each Connect to 12-Inch Waterline, including 7 1 Ea. Dewatering $ 1,500.00 $ 1,500.00 complete in place, the sum of One Thousand, Five Hundred Dollars and No Cents per Each Furnish & Install 24" x 12" Tapping Sleeve and 8 1 Ea. Valve $ 10,000.00 $ 10,000.00 complete in place, the sum of Ten Thousand Dollars and No Cents per Each 9 1 Ea. Furnish & Install Water Line Low Point Marker $ 100.00 $ 100.00 complete in place, the sum of One Hundred Dollars and No Cents per Each 10 23 L.F. Remove & Replace 15-Inch C.M.P. $ 25.00 $ 575.00 complete in place, the sum of Twenty -Five Dollars and No Cents per Linear Foot 11 63 L.F. Remove & Replace Barbed Wire Fence $ 10.00 $ 630.00 complete in place, the sum of Ten Dollars and No Cents ner Linear Foot ]:\CLERICALWnna\2015-104 W Foster Crossing Road WL\Specs\Contract\Re-Bid\I i-P&BS-2 xlsx - 29 - Proposal and Bid Forrn BASE BID Item Estimated Price in Extended No. I Quantity I Unit Description and Price in Words Figures Amount Remove & Replace Barbed Wire / Hog Wire 12 168 L.F. Fence $ complete in place, the sum of Twelve Dollars and No Cents per Linear Foot L.F, Remove & Replace Wood Fence $ complete in place, the sum of Ten Dollars and No Cents per Linear Foot 14 11 L.F. Remove & Replace 3-Bar Fence $ complete in place, the sum of Thirty Dollars and No Cents per Linear Foot 12.00 1 $ 2,016.00 10.00 1 $ 70.00 30.00 1 $ 330.00 15 1 Ea. Remove & Replace 3-Bar Gate $ 750.00 $ 750.00 complete in place, the sum of Seven Hundred Fifty Dollars and No Cents per Each 16 51 S.Y. Remove & Replace Gravel Pavement $ 20.00 $ 1,020.00 complete in place, the sum of Twenty Dollars and No Cents per Square Yard 17 41 S.Y. Remove & Replace Asphalt Pavement $ 90.00 $ 3,690.00 complete in place, the sum of Ninety Dollars and No Cents per Square Yard J:\CLERICAL\Anna\2015-104 W Foster Crossing Road WL\Specs\Contract\Re-Bid\11-P&BS-2.xlsx - 30 - Proposal and Bid Form BASE BID Item Estimated Price in Extended No. Quantity Unit Description and Price in Words Figures Amount 18 64 S.Y. Remove & Replace Concrete Pavement $ 95.00 $ 6,080.00 complete in place, the sum of Ninety -Five Dollars and No Cents per Square Yard 19 63 L.F. Full Depth Sawcut $ 26.00 $ 1,638.00 complete in place, the sum of Twenty -Six Dollars and No Cents per Linear Foot 20 63 L.F. Furnish & Install Longitudinal Butt Joint 1 $ 8.00 $ 504.00 complete in place, the sum of Eight Dollars and No Cents per Linear Foot Furnish, Implement & Maintain Storm Water 21 1 L.S. Pollution Prevention Plan $ 4,500.00 $ 4,500.00 complete in place, the sum of Four Thousand, Five Hundred Dollars and No Cents per Lum2 Sum 22 1 Ea. Design Trench Safety Plan $ 500.00 $ 500.00 complete in place, the sum of Five Hundred Dollars and No Cents 2er Each Furnish, Install, Maintain & Remove Trench 23 6,318 L.F. Safety System $ 0.50 $ 3,159.00 complete in place, the sum of No Dollars and Fifty Cents per Linear Foot J:\CLERICAL\Anna\2015-104 W Foster Crossing Road WL\Specs\Contrac[\Re-13id\11-P&BS-2 xlsx - 31 - Proposal and Bid Form BASE BID Item Estimated Price in Extended No. I Quantity Unit Description and Price in Words Figures Amount 24 6,3181 Furnish, Install, Maintain & Remove Erosion L.F. Control Measures $ complete in place, the sum of No Dollars 0.50 1 $ 3,159.00 and Fifty Cents per Linear Foot Furnish, Implement & Maintain Traffic Control 25 1 L.S. Plan $ 3,000.00 $ 3,000.00 complete in place, the sum of Three Thousand Dollars and No Cents per Lump Sum Furnish, Install and Maintain Hydromulch 26 10,530 S.Y. Seeding $ 1.00 $ 10,530.00 complete in place, the sum of One Dollars and No Cents per Square Yard 27 2 Ea. Project Signs $ 1,000.00 $ 2,000.00 complete in place, the sum of 28 Dollars and Cents per Each For GCEC Utility Pole Relocation (BID 1 L.S. ALLOWANCE) complete in place, the sum of One Thousand, Five Hundred Dollars $ 1,500.00 1 $ 1,500.00 and No Cents per Lum Sum TOTAL AMOUNT OF BASE BID (Items 1 Through 28) $ 622,712. 2 1 J:\CLERICALWnna\2015-104 W Foster Crossing Road WL\Specs\Connac[\Re-Bid\11-P&13S-2,x1sx - 32 - Proposal and Bid Form ADDITIVE ALTERNATE Item . ' alai Price in Extended No. Quan# - Unit Description and Price in Words Figure Amount 11 t'( actor shall provide the additional cost to install t proposed waterline to a depth of - feet cover belhv the proposed future e shown on Sheets T&ko 15. This lies to the waterline between Sta. + o 34+00 & between Sta. 40+00 to + . Additive alternate price sh include any itionai Excavation ench Safety, Valve Ext -ons, IA 1 L.S. etc., as quired for the Extra Depth Installa i i $ 16,350.00 $ 16,350.00 c lete in place, the sum of Sixteen Thousand, Three Hundred I ifty Dollars and No Cents per I.. um fi Sum T TAI., AMOUNT OF ADDITIVE ALTERNATE (stein 1A) $ 1G,35U. J:\CLERICAL\Anna\2015-104 W Foster Crossing Road WL\Specs\Contractae-Bid\11-P&BS-2 xlsx - 33 - Proposal and Bid Forrn BID PROPOSAL FOR W. FOSTER CROSSING ROAD WATER LINE Recapitulations TOTAL BID: $ 622,712.92 Notice of award will be mailed to the undersigned at the following addresses: Wilson Contractor Services, LLC Contractor Weldon Wilson, President 3985 Mingo Road, Denton, Texas 76208 Principal Place of Business (Corp. Seal if Bidder is Corporation) Attest: Secretary: Pat Wilson Acknowledgment is hereby made of receipt of the following Addenda, if any: No. 1 Date: 1 /9/2018 No. Date: No. Date: List Subcontracts (Company name, contact number and type of work): NONE j1clerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\12-p&bs-adoc - 34 - Proposal and Bid Form REQUEST FOR CERTIFICATE OF EXEMPTION FROM TEXAS LIMITED SALES, EXCISE AND USE TAX Date: TO: City of Anna, Texas Municipal Building 111 N. Powell Parkway Anna, TX 75409 RE: W. FOSTER CROSSING ROAD WATER LINE The undersigned Contractor hereby requests a Certificate of Exemption from the Texas Limited Sales, Excise, and Use Tax in the amount of ($ ), 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. (Seal if a Corporation) Wilson Contractor Services, LLC Company By: Weldon Wilson (please print) Signature: Title: President 3985 Mingo Road Address Denton, Denton County, Texas 76208 City, County, State and Zip 940 243-1174 Telephone Fax jiclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\12-p&bs-3.doc -35- Proposal and Bid Form CONTRACT AGREEMENT THIS W. Foster Crossing Road Water Line Contract (hereinafter this "Contract Agreement") entered into this day of , 2018 by and between the CITY OF ANNA, TEXAS, a Texas municipal corporation, ("City") and Wilson Contractor Services, LLC ("Contractor"), located at 3985 Mingo Road Denton. Texas 76208 WITNESSETH: WHEREAS, the City wishes to contract for the project identified as W. Foster Crossing Road Water Line (the "Project"); and WHEREAS, the Project shall include all work and activities necessary to complete the following scope of work (hereinafter referenced as "Work"): W. FOSTER CROSSING ROAD WATER LINE in accordance with the Contract Documents as that term is defined herein; and WHEREAS, the Contractor has represented to the City that its personnel are qualified to provide the Work required in this Contract Agreement in a professional, timely manner as time is of the essence; and WHEREAS, the City has relied upon the above representations by the Contractor; and WHEREAS, the City's consulting engineer has recommended that an agreement for aforesaid construction be entered into with the Contractor; NOW, THEREFORE, for and in consideration of these premises, of the mutual covenants herein set forth, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: Section 1. DOCUMENTS INCORPORATED BY REFERENCE This Contract Agreement includes the recitals set forth above and the following documents: Invitation to Bid; Notice to Bidders; Qualification Statement of Bidders; Qualification Statement of Bidder's Surety; Prevailing Wage Rates for Municipal Construction in Anna, Texas; Vendors Compliance to State Law; Conflicts of Interest Questionnaire; Affidavit Against Prohibited Acts; Proposal and Bid Form; Request for Certificate of Exemption from Texas Limited Sales, Excise and Use Tax; Contract Agreement; Bidders Bond; Performance Bond; Payment Bond; Maintenance Bond; Certificate of Insurance; jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\13-agreement doc CA-1 Contract Agreement Notice to Proceed; Any executed Change Orders; Supplementary General Provisions and Technical Specifications; and, Plans, Specifications and Drawings and all other documents made available to bidder for his inspection in accordance with Invitation to Bid,' all of which are hereby incorporated herein by reference, whether or not attached hereto, and made a part hereof (hereinafter along with this Contract Agreement and referenced collectively as the "Contract" or "Contract Documents"). Change Orders issued hereafter, Construction Change Directives, a Direction for a Minor Modification in the Work issued by the City, and any other amendments executed by the City and the Contractor, shall become and be a part of the Contract Documents. Documents not included or expressly contemplated in this Section 1 do not, and shall not, form any part of the Contract. The Contract Documents are intended to be complementary, and a requirement in one document shall be deemed to be required in all documents. However, in the event of any conflict between any of the above -listed documents and this Contract Agreement, this Contract Agreement shall control. Section 2. REPRESENTATIONS OF THE CONTRACTOR In order to induce the City to execute the Contract and recognizing that the City is relying thereon, the Contractor, by executing the Contract, makes the following express representations to the City: 2.01 The Contractor is fully qualified to act as the general contractor for the Project and has, and shall maintain, any and all licenses, permits or other authorizations necessary to act as the general contractor for, and to construct the Project; 2.02 The Contractor has become familiar with the Project site and the local conditions under which the Project is to be constructed and operated; 2.03 The Contractor has received, reviewed and examined all of the documents which make up the Contract, including, but not limited to all plans and specifications, and has found them to the best of its knowledge, to be complete, accurate, adequate, consistent, coordinated and sufficient for construction. Section 3. INTENT AND INTERPRETATION With respect to the intent and interpretation of the Contract, the City and the Contractor agree as follows: 3.01 This Contract Agreement (along with its exhibits and other documents expressly referenced in Section 1, above), together with the Contractor's and Surety's bid/proposal bond, performance and payment bonds, and maintenance bonds for the Project constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements. 1 If plans, specifications or drawings are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents, jAclerical\anna\2015-104 w foster crossing road w1\specs\contract\re-bid\13-agreement doc CA-2 Contract Agreement 3.02 Anything that may be required, implied or reasonably inferred by the documents which make up the Contract, or any one or more of them, shall be provided by the Contractor with no increase to the Contract Price; 3.03 Nothing contained in the Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the City and any person except the Contractor; 3.04 When a word, term, or phrase is used in the Contract, it shall be interpreted or construed first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage; 3.05 Wherever the Contract calls for "strict" compliance or conformance with the Contract Documents as to matters —other than compliance with time limits, providing an updated schedule, and claim and change order procedures —the term shall mean within tolerances as described specifically in the Contract Documents, or if not specifically described, within industry standards and tolerances for deviation for the specific item or procedure in question; 3.06 The words "include", "includes", or "including", as used in the Contract, shall be deemed to be followed by the phrase, "without limitation"; 3.07 The listing herein of any items as constituting a material breach of the Contract shall not imply that any other, non listed item will not constitute a material breach of the Contract; 3.08 The Contractor shall have a continuing duty to read, examine, review, compare and contrast each of the documents which make up the Contract, shop drawings, and other submittals and shall give written notice to the City of any conflict, ambiguity, error or omission which the Contractor may find with respect to these documents, before proceeding with the associated part of the Work. The express or implied approval by the City or its designee of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with the Contract. If the Contractor performs any activity knowing it involves an error, inconsistency or omission which was recognized, obvious, or reasonably should have been recognized, without such notice to the City, the Contractor shall assume responsibility for such performance and shall bear the costs for correction; 3.09 In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up the Contract, the following shall control: (1) as between this Contract Agreement and any other document, this document shall govern; or, (2) in the case of any conflict, discrepancy or inconsistency among any of the other Contract Documents, and such conflict is not resolved by reference to the Supplementary General Provisions and Technical Specifications, then the Contractor shall notify the City immediately upon discovery of same for resolution. jAclerical\anna\2015-104 w foster crossing road w1\specs\con1ract\re-bid\13-agreement doc CA-3 Contract Agreement Section 4. CONTRACTOR'S PERFORMANCE The Contractor shall perform all of the Work required, implied or reasonably inferable from the Contract including, but not limited to, the following: 4.01 The Contractor will complete the entire Work described in the Contract Documents, except as specifically identified therein as the work of other parties or expressly excluded by specific reference, in accordance with the terms herein. 4.02 The furnishing of any and all required surety bonds and insurance certificate(s) and endorsement(s); 4.03 The provision or furnishing, and prompt payment therefor, of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, disposal, power, fuel, heat, light, cooling, or other utilities, required for construction and all necessary building permits and other permits or licenses required for the construction of the Project; 4.04 The creation and maintenance of a detailed and comprehensive copy of the drawings, specifications, addenda, change orders and other modifications depicting all as -built construction. Said items shall be submitted to the City, along with other required submittals upon Completion of the Project, and receipt of same by the City shall be a condition precedent to final payment to the Contractor. The Contractor shall prepare and submit final as -built drawings to the City. Section 5. TIME FOR CONTRACTOR'S PERFORMANCE; DELAYS 5.01 The Contractor shall commence the performance of the Contract on the date set forth in the Notice to Proceed issued by the City Manager or the City Manager's designee and shall diligently continue its performance to and until Completion of the Project. The Contractor shall accomplish Completion (as defined herein below) of the Project not more than One Hundred Eighty (180) calendar days following the issuance of the Notice to Proceed, (sometimes hereinafter referred to as the "Contract Time"). This Contract Time includes Ten (10) inclement weather days. By signing the Contract, the Contractor agrees that the Contract Time is a reasonable time for accomplishing Completion of the Project and completion of the Project within the Contract Time is of the essence. 5.02 The Contractor shall pay the City the sum of $500 per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the City, estimated at the time of executing the Contract. When the City reasonably believes that Substantial Completion will be inexcusably delayed, the City shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the City to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the City has withheld payment, the City shall promptly release to the Contractor those funds withheld over and above what ultimately came due as liquidated damages; 5.03 The term "Substantial Completion", as used herein, shall mean the point at which, as certified in writing by the City's consulting architect/engineer or other appropriate independent contractor or representative and approved by the City, the Project is at a level of completion in strict j:\c1erica1\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\13-agreement doc CA-4 Contract Agreement compliance with the Contract such that the City or its designee can enjoy, beneficial use or occupancy and can legally occupy, use or operate it in all respects, for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion. 5.04 All limitations of time set forth herein are material and are of the essence of the Contract. 5.05 Contractor agrees to punctually and diligently perform all parts of the Work at the time scheduled in this Contract Agreement. In this connection, Contractor agrees that it will keep itself continually informed of the progress of the job and will, upon its own initiative, confer with the City so as to plan its Work in coordinated sequence with the work of the City, if any, and of others and so as to be able to expeditiously undertake and perform its work at the time most beneficial to the entire Project. The Contractor will be liable for any loss, costs, or damages sustained by the City for delays in performing the Work hereunder, other than for excusable delays, as set forth in 5.06 below, for which Contractor may be granted a reasonable extension of time. 5.06 If the Contractor is delayed at any time in the progress of the Work by any separate contractor employed by the City, or by changes in the Work, or by labor disputes, fire, unusual delay in transportation, unusually severe weather conditions, unavoidable casualties, delays specifically authorized by the City, or by causes beyond the Contractor's control, avoidance, or mitigation, and without the fault or negligence of the Contractor and/or subcontractor or supplier at any tier, then the contract time shall be extended by Change Order for such reasonable time, if any, as the City may determine that such event has delayed the progress of the Work, or overall completion of the Work if the Contractor complies with the notice and documentation requirements set forth below. (1) If the Contractor is delayed, obstructed, hindered or interrupted for a period of time exceeding seven calendar days by any act or neglect of the City, an adjustment shall be made for any increase in the direct cost of performance of this contract (excluding profit, extended home office overhead, incidental or consequential damages or disruption damages) and the Contract modified in writing accordingly. The Contractor must assert its right under this section by giving written notice to the City Manager within 10 calendar days of the beginning of a delay, obstruction, hindrance or interruption by the City. No adjustment shall be made for any delay, obstruction, hindrance or interruption after final payment under this contract or to the extent that performance would have been so delayed, obstructed, hindered or interrupted by any other cause, including, but not limited to concurrent cause or fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract. The direct costs described above shall be limited to those direct costs attributable solely to this project, and shall be subject to documentation and verification of costs as required by the City. If unit prices are established in the Contract Documents or subsequently agreed upon, they shall form the basis for cost calculations under any claims for delay. (2) Any claim for extension of time shall be made in writing to the City, not more than 10 calendar days from the beginning of the delay. The notice shall indicate the cause of delay upon the progress of Work. If the cause of the delay is continuing, the Contractor must give such written notice every 10 calendar days. Within 10 calendar days after the elimination of any such delay, the Contractor shall submit further documentation of the delay and a formal Change Order request for an extension of time for such delay. (3) The written request for a time extension shall state the cause of the delay, the number of calendar days extension requested, and such analysis and other documentation as is jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\13-agreement doc CA-5 Contract Agreement reasonably requested by the City to demonstrate a delay in the progress of the Work or the overall project completion. If the Contractor does not comply with the above notice and documentation requirements, the claim for the delay shall be waived by the Contractor. The above notice and documentation requirements shall also be a condition precedent to the Contractor's entitlement to any extension of time. (4) Extensions of time will be the contractor's primary remedy for any and all delays, obstructions, hindrances, or interference. Payment or compensation, for direct costs only (as set forth above), may be made to the Contractor for hindrances or delays solely caused by the City if such delays or hindrances are within the City's ability to control and are not partially caused by the Contractor or any of its agents, subcontractors or others for whom it is responsible. No payment or compensation will be made for interference, obstructions, hindrances or delays which are not solely caused by the City and which the City fails to cure after a reasonable period after written notice. (5) Without limitation, the City's exercise of its rights under provisions related to changes to the Work, regardless of the extent or number of such changes, or the City's exercise of any of its remedies or any requirement to correct or re -execute defective Work, shall not under any circumstances be construed as delays, hindrances or interference compensable further than as described herein. Section 6. FIXED PRICE AND CONTRACT PAYMENTS 6.01 The City shall pay, and the Contractor shall accept, as full and complete payment for the Contractor's timely performance of its obligations hereunder the fixed price of Six Hundred Twenty -Two Thousand, Seven Hundred Twelve Dollars and 92/100 ($622,712.92). The price set forth in this Section 6.01 shall constitute the Contract Price, which shall not be modified except by Change Order or adjustment pursuant to approved unit prices, if any, as provided in the Contract. 6.02 The City shall pay the Contract Price to the Contractor in accordance with the procedures set forth in this Section 6 and as set forth here: (1) On or before the 10th calendar day of each month after commencement of performance, but no more frequently than once monthly, the Contractor may submit a payment request for the period ending the last calendar day of the previous month (the "Payment Request"). Said Payment Request shall be in such format and include whatever supporting information as may be required by the City. Therein, the Contractor may request payment for 90% of that part of the Contract Price allocable to Contract requirements properly provided, labor, materials and equipment properly incorporated in the Project, and materials or equipment necessary for the Project and properly stored at the Project site (or elsewhere if offsite storage is approved in writing by the City), less the total amount of previous payments received from the City. Payment for materials stored offsite shall be at the discretion of the City and if approved, the Contractor shall provide appropriate documentation to substantiate materials are stored in a bonded warehouse or facility, title or other proof of ownership has been transferred to the City, and that materials have been purchased and paid for by the Contractor (copies of paid invoices must be submitted to the City with payment request). Risk of loss shall be borne by, and insurance must be provided by the Contractor while in storage, transit and use during construction. At 75% completion of the Contract, by dollar value, and at the option of the City, retainage may be reduced to 5% plus an additional amount as detailed in Section 6.06 below for any part of the Work that is defective or non -conforming and in Section 5.02 above for anticipated liquidated damages. jAc1erica1\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\13-agreement doc CA-6 Contract Agreement (2) Amounts reflected in Change Orders may be included in Payment Requests to the extent they are not in dispute and subject to final approval of cost to the City for such changes in work. (3) Each Payment Request shall be signed by the Contractor and shall constitute the Contractor's representation that the quantity of Work has reached the level for which payment is requested, that the Work has been properly installed or performed in strict compliance with the Contract, and that the Contractor knows of no reason why payment should not be made as requested. (4) Thereafter, the City shall review the Payment Request and may also review the Work at the Project site or elsewhere to determine whether the quantity and quality of the work is as represented in the Payment Request and is as required by the Contract. The amount of each such payment shall be the amount approved for payment by the City less such amounts, if any, otherwise owing by the Contractor to the City or which the City shall have the right to withhold as authorized by the Contract, subject to approval by the City. Approval of the Contractor's Payment Requests shall not preclude the City from the exercise of any of its rights as set forth in 6.06 herein below. (5) The submission by the Contractor of a Payment Request also constitutes an affirmative representation and warranty that all work for which the City has previously paid is free and clear of any lien, claim, or other encumbrance of any person whatsoever. As a condition precedent to payment, the Contractor shall, if required by the City, also furnish to the City properly executed waivers of lien or claim, in a form acceptable to the City, from all subcontractors, materialmen, suppliers or others having lien or claim rights, wherein said subcontractors, materialmen, suppliers or others having lien or claim rights, shall acknowledge receipt of all sums due pursuant to all prior Payment Requests and waive and relinquish any liens, lien rights or other claims relating to the Project site. Furthermore, the Contractor warrants and represents that, upon payment of the Payment Request submitted, title to all work included in such payment shall be vested in the City. 6.03 When payment is received from the City, the Contractor shall within seven calendar days pay all subcontractors, material men, laborers and suppliers the amounts they are due for the work covered by such payment. In the event the City becomes informed that the Contractor has not paid a subcontractor, material man, laborer, or supplier as provided herein, the City shall have the right, but not the duty, to issue future checks and payment to the Contractor of amounts otherwise due hereunder naming the Contractor and any such subcontractor, material man, laborer, or supplier as joint payees. The City shall notify the Contractor of its intent to implement such a procedure, and will give the Contractor a reasonable period to cure any such failure prior to implementing the procedure. Such joint -check procedure, if employed by the City, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check as a co -payee and shall not be deemed to commit the City to repeat the procedure in the future. 6.04 Neither payment to the Contractor, full or partial utilization of the Project for any purpose by the City, nor any other act or omission by the City shall be interpreted or construed as an acceptance of any work of the Contractor not strictly in compliance with the Contract; 6.05 After written notice to the Contractor and a reasonable opportunity to cure, the City shall have the right to refuse to make payment, in whole or in part, and, if necessary, may demand the return of a portion or all of the amount previously paid to the Contractor due to: jAclerical\anna\2015-104 w foster crossing road w1\specs\contract\re-bid\13-agreement doc CA-7 Contract Agreement (1) The quality of a portion, or all, of the Contractor's work not being in accordance with the requirements of the Contract; (2) The quantity of the Contractor's work not being as represented in the Contractor's Payment Request, or otherwise; (3) The Contractor's rate of progress being such that, in the opinion of the City, Substantial Completion may be inexcusably delayed; (4) The Contractor's failure to use Contract funds, previously paid the Contractor by the City, to pay Contractor's Project -related obligations including, but not limited to, subcontractors, laborers and material and equipment suppliers; (5) Claims made, or likely to be made, against the City or its property for which the Contractor or its agents or subcontractors or others for whom it is responsible are, or reasonably appear to be at fault; (6) Loss caused by the Contractor; (7) The Contractor's failure or refusal to perform any of its obligations to the City, after written notice and a reasonable opportunity to cure as set forth above. In the event that the City makes written demand upon the Contractor for amounts previously paid by the City as contemplated in this Section 6.05, the Contractor shall promptly comply with such demand. The City's rights hereunder survive the term of this Contract Agreement, are not waived by final payment and/or acceptance, and are in addition to Contractor's obligations elsewhere herein. 6.06 When the Contractor believes that Substantial Completion has been achieved, the Contractor shall notify the City in writing and shall furnish a listing of those matters, if any, yet to be finished. The City will thereupon conduct a site review to confirm that the Project is in fact substantially complete. If the City, through its review, finds that the Contractor's work is not substantially complete, and is required to repeat all, or any portion, of such review, the Contractor shall bear the cost of such repeat site review(s), which cost may be deducted by the City from any payment then or thereafter due to the Contractor. Guarantees and equipment warranties required by the Contract shall commence on the date of Substantial Completion. Upon Substantial Completion, the City shall pay the Contractor an amount sufficient to increase total payments to the Contractor to 100% of the Contract Price less any amounts attributable to damages, and less 150% of the costs, as reasonably determined by the City, incurred for the City to complete any incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling any outstanding or threatened claims. Such a calculation by the City of costs for completing all incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling any outstanding or threatened claims shall not bar the City from exercising its stated rights elsewhere in the Contract, or otherwise as provided by law for any incomplete, defective or nonconforming work or claims that are discovered by the City after the date of making such calculation or after the date of any partial or final payment, whether or not such incomplete, defective or nonconforming work or claims were obvious or should have been discovered earlier. 6.07 When the Project is finally complete and the Contractor is ready for a final review, it shall notify the City thereof in writing. Thereupon, the City will perform a final site review of the Project. If the City concurs that the Project is complete in full accordance with the Contract and that the Contractor has performed all of its obligations to the City hereunder, the Contractor will furnish a final Approval for Payment to the City certifying to the City that the Project is complete and the j:\clerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\13-agreement doe CA-8 Contract Agreement Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to the Contract. If the City is unable to issue its final Approval for Payment and is required to repeat its final review of the Project, the Contractor shall bear the cost of such repeat review(s), which costs may be deducted by the City from the Contractor's final payment; 6.08 The City shall, subject to its rights set forth in Section 6.06 above and elsewhere in the Contract, endeavor to make final payment of all sums due the Contractor within 30 calendar days of the final Approval for Payment, with the exception of items in dispute or concerning which the City has exercised any of its rights to investigate or remove. Section 7. INFORMATION AND MATERIAL SUPPLIED BY THE CITY 7.01 The City has furnished to the Contractor, prior to the execution of this Contract Agreement, all written and tangible material in its possession relevant to the conditions at the site of the Project. Such written and tangible material has been furnished to the Contractor only in order to make complete disclosure of such material as being in the possession of the City and for no other purpose. By furnishing such material, the City does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all. 7.02 Differing site conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the City in writing of: (1) subsurface or latent physical conditions at the site differing materially from those indicated in the contract, or (2) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract. The City shall investigate the conditions, and if it finds that such conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work under the Contract, whether or not changed as a result of such conditions, an adjustment shall be made, through negotiation and mutual agreement, and the contract modified in writing accordingly. Section 8. CEASE AND DESIST ORDER/OWNER'S RIGHT TO PERFORM WORK 8.01 In the event the Contractor fails or refuses to perform the Work, or any separable part thereof, as required herein, or with the diligence that will ensure its proper, timely completion in accordance with the contract documents, the City may instruct the Contractor, by written notice, to cease and desist further Work, in whole or in part, or to correct deficient Work. Upon receipt of such instruction, the Contractor shall immediately cease and desist, or proceed, as instructed by the City. In the event the City issues such instructions to cease and desist, the Contractor must, within seven calendar days of receipt of the City's instructions, provide a written, verified plan to eliminate or correct the cause of the City's order, which plan appears to the City to be reasonable, actually attainable and in good faith. In the event that the Contractor fails and/or refuses to provide such a plan or diligently execute an approved plan, then the City shall have the right, but not the obligation, to carry out the Work, or any portion thereof, with its own forces, or with the forces of another contractor, and the Contractor shall be fully responsible and liable for the costs of the City performing such work, which costs may be withheld from amounts due to the Contractor from the City. The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the City may have against the Contractor. If Work completed by the City or other contractor affects, relates to, is to be attached onto or extended by later Work of the Contractor, the Contractor shall, prior to proceeding with the later Work, and to the extent visible, report any apparent defects or variance from the Contract requirements which would render the Contractor's later Work not in compliance with the Contract requirements or defective or not in compliance with warranties or other obligations of the Contractor hereunder. jAclericahannat2015-104 w foster crossing road wllspecslcontractlre-bid\13-agreement doc CA-9 Contract Agreement 8.02 The provisions of this section shall be in addition to the City's ability to remove portions of the Work from the Contract and complete it separately. Section 9. CONTRACTOR'S DUTIES, OBLIGATIONS AND RESPONSIBILITIES In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in the Contract Documents, the Contractor shall have and perform the following duties, obligations and responsibilities to the City: 9.01 Reference is hereby made to the continuing duties set forth in Section 3.08 above, which are by reference hereby incorporated in this Section 9.01. The Contractor shall not perform work without adequate plans and specifications, or without, as appropriate, approved shop drawings, or other submittals. If the Contractor performs work knowing or believing, or if through exercise of reasonable diligence it should have known that such work involves an error, inconsistency or omission in the Contract without first providing written notice to the City, the Contractor shall be responsible for such work and shall correct same bearing the costs set forth in Section 3.08 above. 9.02 All work shall strictly conform to the requirements of the Contract. To that end, the Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work, unless otherwise specified in the Contract Documents; 9.03 The work shall be strictly supervised, the Contractor bearing full responsibility for any and all acts, errors or omissions of those engaged in the work on behalf of the Contractor, including, but not limited to, all subcontractors and their employees. The Contractor shall maintain an on - site superintendent while any portion of the Work is being performed. The Contractor shall operate exclusively in the capacity of the City's independent contractor as to all work it performs under the Contract, and not as an agent, employee, or representative of the City; 9.04 The Contractor hereby warrants that all laborers furnished under the Contract shall be qualified and competent to perform the tasks undertaken, that the product of such labor shall yield only first-class results, that all materials and equipment provided shall be new (unless otherwise specified) and of high quality, that the completed work will be complete, of high quality, without defects, and that all work strictly complies with the requirements of the Contract. Any work not strictly complying with the requirements of this the Contract shall constitute a breach of the Contractor's warranty. 9.05 The Contractor will be responsible for acquiring all required permit(s)—except as specifically stated in Section 22.01 below —and calling for all required or routine inspections. The Contractor will cooperate with and abide by the decision of inspectors having jurisdiction. Should the Contractor have a dispute with any inspector or entity having jurisdiction, the Contractor shall promptly notify the City Manager or the City Manager's designee. The Contractor shall comply with all legal requirements applicable to the work 9.06 The Contractor shall employ and maintain at the Project site only competent, qualified full time supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are as follows: NAME FUNCTION jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\13-agreement.doc CA-10 Contract Agreement NAME FUNCTION If at any time the City reasonably determines that any employee of the Contractor is not properly performing the Work in the best interest of the City or the Project, or is hindering the progress of the Work, or is otherwise objectionable, the City shall so notify the Contractor, which shall replace the employee as soon as possible, at no increased cost to the City. 9.07 The Contractor must submit to the City the Contractor's schedule for completing the work prior to submittal of the first application for payment. The City will not review any payment request until such schedule has been submitted and approved. Such schedule shall be in a form as specified in the Contract or which shall have been approved by the City Manager or the City Manager's designee, and which shall provide for expeditious and practicable construction of the Project. The Contractor's schedule shall be updated no less frequently than monthly (unless the parties otherwise agree in writing) and shall be updated to reflect conditions encountered from time to time and shall apply to the total project. Each such revision shall be furnished to the City. Strict compliance with the requirements of this Section 9.07 shall be a condition precedent to payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of the Contract. 9.08 The Contractor shall keep an updated copy of the Contract Documents at the site. Additionally, the Contractor shall keep a copy of approved shop drawings and other submittals. All of these items shall be available to the City during all regular business hours. 9.09 Shop drawings and other such submittals from the Contractor do not constitute a part of the Contract. The Contractor shall not do any work requiring shop drawings or other submittals unless such shall have been approved in writing by the City or as required by the Contract Documents. All work requiring approved shop drawings or other submittals shall be done in strict compliance with such approved documents or Contract requirements. However, approval by the City shall not be evidence that work installed pursuant thereto conforms with the requirements of the Contract, and shall not relieve the Contractor of responsibility for deviations from the Contract unless the City has been specifically informed of the deviation by a writing incorporated in the submittals and has approved the deviation in writing. The delivery of submittals shall constitute a representation by the Contractor that it has verified that the submittals meets the requirements of the Contract, or will do so, including field measurements, materials and field construction criteria related thereto. The City shall have no duty to review partial submittals or incomplete submittals. The Contractor shall have the duty to carefully review, inspect, examine and physically stamp and sign any and all submittals before submission of same to the City. 9.10 The Contractor shall maintain the Project site and adjacent areas affected by its work and/or the acts of its employees, materialmen and subcontractors in a reasonably clean condition during performance of the work. Upon substantial completion, the Contractor shall thoroughly clean the Project site of all debris, trash and excess materials or equipment. If the Contractor fails to do so, the City may complete the cleanup, by its own forces or by separate contract, and shall be jAc1er1ca1\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\13-agreement doc CA-11 Contract Agreement entitled to charge the Contractor for same through the collection or withholding of funds through the mechanisms provided elsewhere in this Contract Agreement; 9.11 At all times relevant to the Contract, the Contractor shall permit the City and its consultants to enter upon the Project site and any offsite lay down areas, safety permitting, and to review or inspect the work and any materials on any such site, without formality or other procedure. 9.12 The Contractor recognizes that the City may enter into other contracts to perform work relating to the Project, or to complete portions of the Work itself. The Contractor shall ensure that its forces reasonably accommodate the forces of the City and other contractors hired by the City. The Contractor shall coordinate its schedule with the work of other contractors. If the Contractor claims that delay or damage results from these actions of the City, it shall promptly submit a claim as provided herein. 9.13 Protection of persons and property. (1) It shall be the responsibility of the Contractor to initiate, continue and supervise all safety programs and precautions in the performance of the terms of the Contract. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to its employees, subcontractors' employees, employees of the City and members of the public, the Work itself and unassembled components thereof, and other property at the site or adjacent thereto. As part of the Contractor's obligations hereunder, the Contractor shall erect and maintain all necessary and prudent safeguards, barriers, signs, warnings, etc. (2) With notice to the City, the Contractor shall promptly remedy loss or damage to the Work or any person or property described herein caused in whole or in part by the acts of the Contractor or any subcontractor, sub -subcontractor or materialman. This obligation shall be in addition to the requirements of Section 10 herein. The City may direct the Contractor to remedy known violations of applicable laws, rules, regulations, and interpretations related to safety when and if observed on the site. However, through exercising this authority the City shall not incur any obligations to monitor, initiate, continue, or supervise safety programs and precautions such to diminish the Contractor's primary role in same. The City shall have the right to report suspected safety violations to the Occupational Safety and Health Administration (OSHA) or other appropriate authorities. (3) The Contractor shall promptly notify the City upon discovery of any unidentified material which Contractor reasonably believes to be asbestos, lead, PCB, or other hazardous material, and shall immediately stop work in the affected area of the Project. The Contractor shall not be responsible for removal or other work with regard to such hazardous material unless otherwise agreed between the City and the Contractor. In the case of work stopped due to the discovery of hazardous materials, Section 6 shall apply to claims for delay, hindrance or interference. Work will resume in the affected area of the Project immediately after such time as the hazardous material has been removed or rendered harmless, as certified by an industrial hygienist to be engaged by the City. 9.14 The Contractor warrants to the Owner that materials and equipment furnished under the Contract are of good quality and new unless otherwise required or permitted under the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\13-agreement doc CA-12 Contract Agreement 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. Section 10. INDEMNITY Except for expenses or liabilities arising from the negligence of the City, the Contractor hereby expressly agrees to indemnify and hold the City harmless against any and all expenses and liabilities arising out of the performance or default of the Contract as follows: 10.01 Contractor shall indemnify, and hold harmless to the maximurn extent permitted by law City and its officers, agents, employees, and consultants from and against any and all liability, damages, losses, (whether in contract or in tort, including personal injury, accidental death or property damage, and regardless, of whether the allegations are false, fraudulent 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 City may immediately terminate or suspend this Contract Agreement. Section 11. CLAIMS BY THE CONTRACTOR Claims by the Contractor against the City, other than for time extensions covered by Section 6 hereof, are subject to the following terms and conditions: 11.01 All Contractor claims against the City shall be initiated by a written claim submitted to the City. Notice of such claim shall be received by the City no later than either 10 calendar days after the event, or 10 calendar days after the first appearance of the circumstances causing the claim, whichever is sooner, and same shall set forth in detail all known facts and circumstances supporting the claim. Final costs associated with any claim upon which notice has been filed must be submitted in writing to the City within 30 calendar days after notice has been received; 11.02 The Contractor and the City shall continue their performance hereunder regardless of the existence of any claims submitted by the Contractor including claims set forth in Section 6 hereof; 11.03 In the event the Contractor discovers previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographical location of the Project, the Contract Price may, with the approval of the City, be modified, either upward or downward, upon the written notice of claim made by either party within 10 calendar days after the first appearance to such party of the circumstances. Final costs must be submitted within 30 calendar days after such notice is received by the City, unless extended by written agreement of the parties. As a condition precedent to the City having any liability to the Contractor due to concealed and unknown conditions, the Contractor must give the City written notice of, and an opportunity to observe, such condition prior to disturbing jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\13-agreement doc CA-13 Contract Agreement 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; 11.04 In the event the Contractor seeks to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the City therefor, unless emergency conditions exist, the Contractor shall strictly comply with the requirements of Section 11.01 above and such claim shall be made by the Contractor before proceeding to execute any work for which a claim is made. Failure to comply with this condition precedent shall constitute a waiver by the Contractor of any claim for additional compensation; 11.05 In connection with any claim by the Contractor against the City that would result in compensation in excess of the Contract Price, any liability of the City for the Contractor's cost in this regard shall be limited to those cost categories set forth in Section 13.07 below. Section 12. SUBCONTRACTORS 12.01 Prior to execution of the Contract, the Contractor shall have identified to the City in writing, those parties required to be listed on the proposal form as subcontractors on the Project. Any changes to this list at any time shall be subject to the prior approval of the City. The City shall, in writing, state any objections the City may have to one or more of such subcontractors. The Contractor shall not enter into a subcontract with an intended subcontractor to whom the City objects. If at any time the City objects to a subcontractor, the Contractor shall solicit proposals from potential replacements and shall submit the three lowest proposals to the City, along with the Contractor's proposed choice as replacement. If the approved replacement subcontractor's cost is verified to be higher than the removed subcontractor, the excess shall be added to the Contract Price, unless the subcontractor in question has to be removed due to a default, or deficient performance. If the approved replacement subcontractor's cost is lower than the removed subcontractor, the difference shall be deducted from the Contract Price. Subcontractor markups shall be limited to those listed in Section 13.07 below. All subcontracts shall afford the Contractor rights against the subcontractor which correspond to those rights afforded to the City against the Contractor herein, including those rights of Contract termination as set forth herein below. 12.02 Each and every subcontract related to the Project is hereby assigned by the Contractor to the City, contingent upon the termination of the Contract for default or convenience as provided herein, and only as to those subcontracts which the City accepts in writing directed to the Contractor. This contingent assignment is subject to the prior rights of any surety obligated under a bond related to the Contract. This contingent assignment will operate prospectively from the effective date of assignment, and will not obligate the City to any liabilities existing on the effective date of the assignment, or arising from events, acts, failures to act, facts or circumstances existing prior to the effective date of the assignment. The contracts subject to this contingent assignment shall also be further assignable by the City, at the City's sole option. The Contractor shall bear the responsibility of notifying subcontractors of this contingent assignment and including it in all subcontracts in connection with the Project. Section 13. CHANGE ORDERS 13.01 The City Manager or the City Manager's express designee shall be the sole authorized representative of the City. Other than in matters of public safety or in time of emergency jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\13-agreement.doc CA-14 Contract Agreement management, the Contractor shall not take direction or act upon information from any City personnel other than the City Manager's expressly authorized designee(s). 13.02 One or more changes to the work within the general scope of the Contract may be ordered by Change Order. The City may also issue written directions for minor changes in the Work and may issue Construction Change Directives, as set forth below. The Contractor shall proceed with any such changes or Construction Change Directives without delay and in a diligent manner, and same shall be accomplished in strict accordance with the following terms and conditions: 13.03 Change Order shall mean a written order directed to the Contractor executed by the City after execution of the Contract, directing a change in the work. A Change Order may include a change in the Contract Price, (other than a change attributable to damages for delay as provided in Section 6 hereof), or the time for the Contractor's performance, or any combination thereof. Where there is a lack of total agreement on the terms of a Change Order or insufficient time to execute a bilateral change, the City may also direct a change in the Work in the form of a Construction Change Directive, which will set forth the change in the Work and the change, if any, in the Contract Price or time for performance, for subsequent inclusion in a Change Order; Construction Change Directives shall include a not -to -exceed preliminary price, against which the Contractor may begin billing (subject to the requirements for pay applications elsewhere herein) as the work is performed. (1) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the City, with any proposal for a contract modification. (2) The price breakdown (a) must include sufficient detail to permit an analysis of all costs for material, labor, equipment and subcontracts, and (b) must cover all work involved in the modification, whether the work was deleted, added or changed. (3) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts. (4) The Contractor's proposal shall include a complete justification for any time extension proposed. 13.04 Any change in the Contract Price resulting from a Change Order shall be determined as follows: (1) By mutual agreement between the City and the Contractor as evidenced by (a) the change in the Contract Price being set forth in the Change Order, (b) such change in the Contract Price, together with any conditions or requirements relating thereto, being initialed by both parties and (c) the Contractor's execution of the Change Order; or, (2) If no mutual agreement occurs between the City and the Contractor, the change in the Contract Price, if any, shall be derived by determining the reasonable actual costs incurred or savings achieved, resulting from revisions in the work. Such reasonable actual costs or savings shall include a component for direct job site overhead and profit but shall not include home -office overhead or other indirect costs or components. The calculation of actual costs shall conform to the markup schedule in Section 13.07 below. Any such costs or savings shall be documented in the format, and with such content and detail as the City requires. j1clerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\13-agreement doc CA-15 Contract Agreement The Contractor shall promptly submit such documentation and other supporting materials as the City may require in evaluating the actual costs incurred or to be incurred. 13.05 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the work, the Contract as thus amended, the Contract Price and the time for performance by the Contractor, regardless of the nature, amount or extent of the changes. The Contractor, by executing the Change Order, waives and forever releases any claim against the City for additional time or compensation for matters relating to, arising out of or resulting from the work included within or affected by the executed Change Order of which the Contractor knew or should have known. 13.06 The Contractor shall notify and obtain the consent and approval of the Contractor's surety with reference to all Change Orders if such notice, consent or approval are required by the City, the Contractor's surety or by law. The Contractor's execution of the Change order shall constitute the Contractor's warranty to the City that the surety has been notified of, and consents to, such Change Order and the surety shall be conclusively deemed to have been notified of such Change Order and to have expressly consented thereto. 13.07 For the purpose of Change Orders, the following definitions of terms and other restrictions apply: Contractor's or Subcontractor's Materials shall include the cost of materials, sales tax, and the cost of all transport. The cost of items listed shall be directly related to the Change Order. Indirect costs not specifically related to the Change Order shall not be considered. Contractor's or Subcontractor's Direct Labor Cost shall be limited to the hourly rate of directly involved workmen, employer contributions towards company standard benefits, pensions, unemployment or social security (if any), and employer costs for paid sick and annual leave. Contractor's or Subcontractor's Overhead shall include license fees, bond premiums, supervision, wages of timekeepers and clerks, incidentals, home and field office expense, and vehicle expense directly related to the Project, and all other direct Project expenses not included in the Contractor's materials, direct labor, and equipment costs. The allowance for Overhead and Profit shall be limited to the following schedule: For the Contractor, for any work performed by the Contractor's own forces, 10% of the Subtotal of Costs to the Contractor. 2. For the Contractor, for any work performed by his Subcontractor, 5% of the amount due the Subcontractor. 3. For each Subcontractor or Sub -subcontractor involved, for any work performed by their own forces, 10% of their materials and direct labor costs. 4. For each Subcontractor, for work performed by his Sub-subcontractor(s), 5% of the amount due the Sub -subcontractor. jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\13-agreement doc CA-16 Contract Agreement For Change Orders, the total cost or credit to the Owner shall be based on the following schedule: Contractor's Materials Cost + Contractor's Direct Labor Costs + Contractor's Equipment Costs (includes owned/rental equipment)2 + Applicable Subcontractor Costs = Subtotal of Costs to the Contractor + Contractor's Overhead and Profit = Total Cost or Credit to the Owner 13.08 Nothing Contained in this section shall be deemed to contradict or limit the terms of Section 6.05 above. Section 14. DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK 14.01 In the event that the Contractor covers, conceals or obscures its work in violation of the Contract or in violation of an instruction from the City, such work shall be uncovered and displayed for review by the City and/or its consultants upon request, and shall be reworked at no cost in time or money to the City. 14.02 If any of the work is covered, concealed or obscured in a manner not covered by Section 14.01 above, it shall, if directed by the City, be uncovered and displayed for the City and/or its consultants. If the uncovered work conforms strictly with the Contract, the costs incurred by the Contractor to uncover and subsequently, replace such work shall be borne by the City. Otherwise, such costs shall be borne by the Contractor. 14.03 The Contractor shall, at no cost in time or money to the City, correct work rejected by the City as defective or failing to conform to the Contract. Additionally, the Contractor shall reimburse the City for all testing, review, inspections and other expenses incurred as a result thereof. 14.05 In addition to its warranty obligations set forth elsewhere in this Contract Agreement and any manufacturer's warranties provided on the Project, and in addition to other remedies provided herein or by law to the City, the Contractor shall be specifically obligated to promptly correct any and all defective or nonconforming work, whether obvious or after -discovered, for a period of 12 months following Substantial Completion upon written direction from the City. 14.06 The City may, but shall in no event be required to, choose to accept defective or nonconforming work. In such event, the Contract Price shall be reduced by the greater of (1) the reasonable costs of removing and correcting the defective or nonconforming work, or (2) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the City for the acceptance of defective or nonconforming work, the Contractor shall, upon 1 Owned Equipment For equipment owned by the Contractor, actually used in Change Order work including sales tax, or any related business entity, regardless of whether Contractor leases such equipment from the related business entity, the cost shall be the lesser of (i) the Contractor's actual ownership cost, or (ii) 85% of the applicable ownership cost listed in the most recent edition of the Contractor's Equipment Cost Guide, published by Dataquest. Third Party Rental Equipment For equipment actually rented by the Contractor, actually used in Change Order work including sales tax, from an unrelated third party, the cost shall be the lesser of (i) the Contractor's actual rental cost, or (ii) 85% of the applicable equipment rates based on the most recent edition of the Rental Rate Bluebook for Construction published by Dataquest. A reasonable rental cost shall be allowed as determined by the City Manager or the City Manager's designee when machinery and construction equipment not so listed is required. jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\13-agreement doc CA-17 Contract Agreement written demand from the City, pay the City such remaining compensation for accepting defective or nonconforming work. The Contractor shall have an opportunity to correct any defect or non- conformance prior to the City taking the above actions. The contractor, upon written notice of any defect or non-conformance, shall have 10 calendar days to make corrections, unless the City agrees that the correction will require more than 10 calendar days to correct. Section 15. CITY'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE 15.01 In addition to the City's rights under Section 8 and elsewhere in this Contract Agreement, the City shall have the right at any time to direct the Contractor to suspend its performance, or any designated part thereof when in the interests of the City. If any such suspension is directed by the City, the Contractor shall immediately comply with same. 15.02 In the event the City directs a suspension of performance under this section, through no fault of the Contractor, if the suspension is lifted other than by Termination, the City shall pay the Contractor as full compensation for such suspension the Contractor's ordinary and reasonable costs, actually incurred and paid, of: (1) demobilization and remobilization, including such justifiable costs paid to subcontractors (cost categories and markups limited to those set forth in Section 13.07 above); (2) preserving and protecting work in place; (3) approved storage of materials or equipment purchased for the Project, including insurance thereon; and (4) substantiated extended field office overhead (but no home -office overhead). 15.03 The City may order suspension of the Work in whole or in part for such time as deemed necessary because of the failure of the Contractor to comply with any of the requirements of this Contract Agreement, and the Contract Agreement's completion date shall not be extended on account of any such suspension of Work. When the City orders any suspension of the Work under this Section 15.03, the Contractor shall not be entitled to any payment for Work which the Contractor performs after notice of suspension and/or during the suspension period and shall not be entitled to any costs or damages resulting from such suspension. 15.04 The City's rights under this section shall be in addition to those contained elsewhere in the Contract or provided by law. Section 16. TERMINATION BY THE CITY The City may terminate the Contract in accordance with the following terms and conditions: 16.01 Termination for Convenience. The City may, when in the interests of the City, terminate performance under the Contract by the Contractor, in whole or in part, for the convenience of the City. The City shall give written notice of such termination to the Contractor specifying when termination becomes effective. The Contractor shall incur no further obligations in connection with the work so terminated, other than warranties and guarantees for completed work and installed equipment, and the Contractor shall stop work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts for the affected work. The Contractor shall settle the liabilities and claims arising out of the termination jAclerical\anna\2015-104 wfoster crossing road wl\specs\contract\re-bid\13-agreement doc CA-18 Contract Agreement of subcontracts and orders. The City may direct the Contractor to assign the Contractor's right, title and interest under termination orders or subcontracts to the City or its designee. The Contractor shall transfer title and deliver to the City such completed or partially completed work and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has in its possession or control. When terminated for convenience, the Contractor shall be compensated as follows: (1) The Contractor shall submit a termination claim to the City specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the City. If the Contractor fails to file a termination claim within six months from the effective date of termination, the City shall pay the Contractor, an amount derived in accordance with subsection (3) below. (2) The owner and the Contractor may agree to the compensation, if any, due to the Contractor hereunder. (3) Absent agreement to the amount due to the Contractor, the owner shall pay the Contractor the following amounts: (a) Contract costs for labor, materials, equipment and other services accepted under the Contract; (b) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the work, and in terminating the Contractor's performance, plus a fair and reasonable allowance for direct job site overhead and earned profit thereon (such profit shall not include anticipated profit or consequential damages); provided however, that if it reasonably appears that the Contractor would have not profited or would have sustained a loss if the entire Contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any; (c) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to Subsection (3)(a) above —if contingent assignment of such contracts has not been elected as provided herein —shall not include amounts paid in accordance with other provisions of the Contractor. This clause is subject to and the Contractor shall be limited by the City's rights to direct the replacement of subcontractors under Section 12.01. The total sum to be paid the Contractor under this Subsection (3) shall not exceed the total Contract Price, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. 16.02 Termination for Cause. If the Contractor does not perform the work, or any part thereof, in a timely manner, supply adequate labor, supervisory personnel or proper equipment or materials, or if it fails to timely discharge its obligations for labor, equipment and materials, or proceeds to disobey applicable law, or otherwise commits a violation of a material provision of the Contract, then the City, in addition to any other rights it may have against the Contractor or others, may terminate the performance of the Contractor, in whole or in part at the City's sole option, and assume possession of the Project site and of all materials and equipment at the site and may complete the work. In such case, the Contractor shall not be paid further until the work is complete. After Completion has been achieved, if any portion of the Contract Price, as it may be modified jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\13-agreement doe CA-19 Contract Agreement hereunder, remains after the cost to the City of completing the work, including all costs and expenses of every nature incurred, has been deducted by the City, such remainder shall belong to the Contractor. Otherwise, the Contractor shall pay and make whole the City for such cost. This obligation for payment shall survive the termination of the Contract. In the event the employment of the Contractor is terminated by the City for cause pursuant to this Section 16.02 and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a Termination for Convenience under Section 16.01 and the provisions of Section 16.01 shall apply. 16.03 Termination for Non -Appropriation. The City may also terminate the Contract, in whole or in part, for non -appropriation of sufficient funds to complete or partially complete the Project, regardless of the source of such funds, and such termination shall be on the terms of Section 16.01. 16.04 The City's rights under this Section shall be in addition to those contained elsewhere herein or provided by law. Section 17. INSURANCE 17.01 Contractor shall be responsible for all damage to person and or property resulting from its negligent acts, reckless or intentional misconduct, errors or omissions or those of their subcontractors, agents or employees in connection with such services and shall be responsible for all parts of its work, both temporary and permanent. 17.02 Contractor shall, at its own expense, procure and maintain throughout the term of this Contract Agreement, with insurers acceptable to City, the types and amounts of insurance conforming to the minimum requirements set forth in this Contract Agreement. Contractor shall not commence work until the required insurance is in force and evidence of insurance acceptable to City has been provided to, and approved by, City. An appropriate Certificate of Insurance shall be satisfactory evidence of insurance. Until such insurance is no longer required by the Contract, Contractor shall provide City with renewal or replacement evidence of insurance at least 30 days prior to the expiration or termination of such insurance. 17.03 Workers' Com ensation/Em to er's Liability Insurance Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $1,000,000 for each accident. General Liability Insurance Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate. Automobile Liability Insurance Automobile Liability Insurance with bodily injury limits of not less than $1,00,000 for each person and not less than $1,000,000 for each accident, and with property damage limits of not less than $1,000,000 for each accident. jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\13-agreement doc CA-20 Contract Agreement 17.04 Contractor shall furnish insurance certificates or insurance policies at the City's request to evidence such coverages. Except for workers compensation, the insurance policies shall name the City as an additional insured, and shall contain a provision that such insurance shall not be canceled or reduced with respect to by coverages or endorsements without 30 days' prior written notice to OWNER and CONSULTANT. In such event, CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. 17.05 Compliance with these insurance requirements shall not limit the liability of Contractor. Any remedy provided to the City by any insurance maintained by the Contractor shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of Contractor) available to the City under the Contract or otherwise. 17.06 Neither approval nor failure to disapprove insurance furnished by Contractor shall relieve Contractor from responsibility to provide insurance as required by this Contract Agreement. 17.07 Contractor shall deliver to City the required certificate(s) of insurance and endorsement(s) before City signs this Contract Agreement. 17.08 Contractor's failure to obtain, pay for, or maintain any required insurance shall constitute a material breach upon which City may immediately terminate or suspend this Contract Agreement. In the event of any termination or suspension, City may use the services of another consultant or consultants, without City's incurring any liability to Contractor. 17.09 At its sole discretion, City may obtain or renew Contractor insurance, and City may pay all or part of the premiums. Upon demand, Contractor shall repay CITY all monies paid to obtain or renew the insurance. City may offset the cost of the premium against any monies due Contractor from City. 17.10 The Contractor shall furnish to the City Certificates of Insurance allowing thirty (30) days notice for any change, cancellation, or non -renewal. Such Certificates shall contain the following wording: "SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN." If the insurance policies expire during the terms of the Contract, a renewal certificate or binder shall be filed with the City at least 30 days prior to the renewal date. 17.11 In addition to the coverages required herein, the Contractor shall furnish and maintain all-risk builder's risk property insurance, satisfactory to the City, upon the entire Work at the site to the full replacement cost of the completed project. This coverage shall name City as an additional insured, must include the interests of the Contractor, subcontractors and sub -subcontractors in the Work, and must be procured from an insurer licensed to do business in the State of Texas with a Best's rating of "A+, A, A-". The policy must insure against perils including, but not limited to, earthquake, fire, extended coverages, windstorm, lightning, flood, and physical loss or damage, including theft, vandalism and malicious mischief. Section 18. PERFORMANCE AND PAYMENT BONDS; SURETY BONDS 18.01 Contractor shall provide City with a Performance Bond, a Payment Bond, and a Maintenance Bond meeting the standards specified in the Contract Documents, on the forms provided by the jklerical\annaQ015-104 w foster crossing road w1\specs\contract\re-bid\13-agreement doc CA-21 Contract Agreement City, and attached hereto, with a Power of Attorney Affidavit, each in an amount not less than the Contract price. 18.02 Sureties' qualifications. All bonds, to the extent required under the Contract, including, but not by way of limitation, any Bid/Proposal Bond, Performance Bond, Payment bond, or Maintenance Bond shall be written through a reputable and responsible surety bond agency licensed to do business in the State of Texas and with a surety which holds a certificate of authority authorizing it to write surety bonds in Texas and maintains a current certificate of authority as an acceptable surety on Federal Bonds in accordance with U.S. Department of Treasury Circular 570. However, if the amount of the bond exceeds the underwriting limitations set forth in the Circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the Circular and the excess risk must be protected by co-insurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (3) CFR Section 223.10 - Section 223.111 and the surety company shall provide the City with evidence satisfactory to the City, that such excess risk has been protected in an acceptable manner. 18.03 Additional or replacement bond. It is further mutually agreed between the parties hereto that if, at any time, the City shall deem the surety or sureties upon any bond to be unsatisfactory, or if, for any reason, such bond (because of increases in the work or otherwise) ceases to be adequate, the Contractor shall, at its expense within five days after the receipt of notice from the City so to do, furnish an additional or replacement bond or bonds in such form, amount, and with such surety or sureties as shall be satisfactory to the City. In such event, no further payments to the Contractor shall be deemed to be due under the Contract until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the City. 18.04 As applicable to all bonds required under the Contract, the surety company shall have a Texas agent whose name shall be listed in the prescribed space on the forms provided by the City for all bonds required by the City, or otherwise listed therein if the form of the Bond is not prescribed by the City. Section 19. PROJECT RECORDS All documents relating in any manner whatsoever to the Project, or any designated portion thereof, which are in the possession of the Contractor, or any subcontractor of the Contractor, shall be made available to the City and/or its consultants for inspection and copying upon written request by the City. Furthermore, said documents shall be made available, upon request by the City, to any state, federal or other regulatory authority and any such authority may review, inspect and copy such records. Said records include, but are not limited to, all drawings, plans, specifications, submittals, correspondence, minutes, memoranda, tape recordings, videos, or other writings or things which document the Project, its design, and its construction. Said records expressly include those documents reflecting the cost of construction to the Contractor. The Contractor shall maintain and protect these documents for not less than three years after completion of the Project, or for any longer period of time as may be required by law or good construction practice. The Contractor further agrees to include these provisions in any subcontracts issued by him in connection with this Contract Agreement. Section 20. APPLICABLE LAW The laws of the State of Texas shall govern this Contract Agreement. In any litigation arising under this Contract Agreement, the parties agree to a waiver of the right to a trial before a jury, and all such litigation shall be litigated only in a non -jury hearing in Collin County, Texas. jklerical\annaQ015-104 w foster crossing road wl\specs\contract\re-bid\13-agreement doc CA-22 Contract Agreement Section 21. SUCCESSORS AND ASSIGNS Each party binds itself, its successors, assigns, executors, administrators or other representatives to the other party hereto and to successors, assigns, executors, administrators or other representatives of such other party in connection with all terms and conditions of the Contract. The Contractor shall not assign the Contract without prior written consent of the City. Section 22. MISCELLANEOUS PROVISIONS 22.01 Construction Permits. The City hereby agrees to waive the charge for a City -issued building permit for this Project. However, the Contractor is responsible for obtaining all permits or fees otherwise required of the Contractor by the Contract Documents, or permits and fees customarily the responsibility of the Contractor. 22.02 Compliance By Contractor: Nondiscrimination. Contractor shall comply with all Federal, State and local laws, ordinances, rules and regulations of any authorities throughout the duration of the Contract. The Contractor shall be responsible for compliance with any such law, ordinance, rule or regulation and shall hold City harmless and indemnify same in the event of non- compliance. Contractor further agrees to abide by the requirements under Federal Executive Order Number 11246, as amended, including specifically the provisions of the equal opportunity clause. 22.03 State and Local Taxes. Except as otherwise provided, contract prices shall include all applicable state and local taxes. Contractor shall indemnify and hold harmless the City for any loss, cost or expense incurred by, levied upon or billed to the City as a result of Contractor's failure to pay any tax of any type due in connection with this Contract Agreement. Contractor shall ensure that the above sections are included in all subcontracts and sub -subcontracts, and shall ensure withholding on out of state sub and sub -subcontractors to which withholding is applicable. 22.04 Any and all notices required to be sent under the Contract or otherwise shall be sent to the following: If to the City: City of Anna Attn: City Manager 111 North Powell Parkway P.O. Box 776 Anna, Texas 79406 If to the Contractor: Wilson Contractor Services. LLC Attn: Weldon Wilson, President 3985 Mingo Road _ Denton, Texas 76208 Phone: (940) 243-1174 jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\13-agreement doc CA-23 Contract Agreement Section 23. ENTIRE AGREEMENT Aside from duly authorized Change Orders, any modification to this Contract Agreement must be supported by an additional, articulated consideration, and must either be in writing, executed by the parties hereto, or, if made orally, should be confirmed in writing, which writing should state the consideration which supports the modification. Failure to confirm an oral modification in writing shall constitute a waiver of any claim for additional compensation with regard to the oral modification. Nothing in this Section shall be construed to limit the City's authority to issue changes set forth in Section 14 herein. Section 24. SEVERABILITY If any term or condition of the Contract or the application thereof to any person(s) or circumstances is held invalid, this invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of the Contract are agreed to be severable. Section 25. WAIVER Waiver of any breach of any term or condition of this contract shall not be deemed a waiver of any prior or subsequent breach, and shall not entitle any party hereto to any subsequent waiver of any terms hereunder. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. IN WITNESS WHEREOF, the Parties have executed this Contract Agreement under their respective seals on the day and year first written above. CITY OF ANNA, TEXAS Philip Sanders, City Manager ATTEST: Carrie L. Smith, City Secretary (SEAL) WILSON CONTRACTOR SERVICES, LLC (Contractor) [in ATTEST. Pat Wilson, Secretary (SEAL) Weldon Wilson, President jlclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\13-agreement. doe CA-24 Contract Agreement BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, that Wilson Contractor Services, LLC (hereinafter called the Principal(s)), as Principal(s), and (hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the Obligee), in the amount of Thirty -One Thousand, One Hundred Thirty -Five Dollars and 65/100 ($31,135.65) (an amount equal to five percent of the Total Bid Price of $622,712.92, 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: W. FOSTER CROSSING ROAD WATER LINE NOW, THEREFORE, if the said Principal's bid as stated in its proposal is accepted by the City, and said Principal executes and returns to the City the number of original counterparts of the Contract Agreement required by the City, on the forms prepared by the City, for the work described herein and also executes and returns the same number of the Performance, Payment and Maintenance Bonds (such bonds to be executed by a Corporate Surety authorized by the State Board of Insurance to conduct insurance business in the State of Texas, and having an underwriting limitation in at least the amount of the bond) in connection with the work described herein, within the time specified, then this obligation shall become null and void; otherwise it is to remain in full force and effect. In the event that the Principal is unable to or fails to perform the obligations undertaken herein, the undersigned Principal and Surety shall be liable to the City for the full amount of this obligation which is hereby acknowledged as the amount of damages which will be suffered by the City on account of the failure of such Principal to perform such obligations, the actual amount of such damages being difficult to ascertain. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\14-bonds doc B-1 Bonds IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this day of 120 Surety By: Print Name: Title Address: Phone/Fax: Wilson Contractor Services, LLC Principal By: Print Name: Weldon Wilson Title: President Address: 3985 Mingo Road Denton, Texas 76208 Phone/Fax: The undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties, and hereby designates , an agent resident in County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety By: Print Name: Address: Phone/Fax: NOTE: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney -in -Fact, we must have a copy of the Power of Attorney for our files, AND ATTACHED TO THIS BOND. jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\14-bands doc B-2 Bonds PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Wilson Contractor Services, LLC (hereinafter called the Principal(s)), as Principal(s), and (hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the Obligee), in the amount of Six Hundred Twenty -Two Thousand, Seven Hundred Twelve Dollars and 92/100 ($622,712.92) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract Agreement with the Obligee, dated the day of , for the following project: W. FOSTER CROSSING ROAD WATER LINE 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. Not applicable for federal work. See "The Miller Act," 40 U.S.C. S270. j1clerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\14-bonds doc B-3 Bonds IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this day of , 20 Wilson Contractor Services, LLC Surety Principal By: By: Print Name: Print Name: Weldon Wilson Title: Title: President Address: Address: 3985 Mingo Road Denton, Texas 76208 Phone/Fax: Phone/Fax: (940) 243-1174 The undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties, and hereby designates . an agent resident in County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety By: Print Name: Address: Phone/Fax: NOTE: If signed by an officer of the Surety Company. there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney -in -Fact, we must have a copy of the Power of Attorney for our files AND ATTACHED TO THIS BOND. jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\14-bonds doc B-4 Bonds PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that Wilson Contractor Services. LLC (hereinafter called the Principal(s)) as Principal(s), and (hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the Obligee), in the amount of: Six Hundred Twenty -Two Thousand, Seven Hundred Twelve Dollars and 92/100 ($622,712.92). lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract Agreement with the Obligee, dated the day of , for the: W. FOSTER CROSSING ROAD WATER LINE and said Principal under the law is required before commencing work provided for in said Contract Agreement to execute a bond in the amount of said Contract Agreement, which Contract Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said Contract Agreement, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work to be performed thereunder. j:\clerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\14-bonds doc B-5 Bonds IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this day of , 20 Surety By. Print Name: Title: Address.- Phone/Fax: Wilson Contractor Services, LLC Principal Print Name: Weldon Wilson Title: President Address: 3985 Mingo Road Denton, Texas 76208 Phone/Fax: 940 243-1174 The undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties, and hereby designates , an agent resident in County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety By: Print Name Address: Phone/Fax: NOTE: If signed by an officer of the Suretv 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. j:\clerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\14-bonds doc B-6 Bonds MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT _ Wilson Contractor Services, LLC as PRINCIPAL, and a CORPORATION organized under the laws of as SURETIES, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Anna, a municipal corporation at Anna, Collin County, Texas the sum of Six Hundred Twenty -Two Thousand, Seven Hundred Twelve Dollars and 92/100 ($622,712.92) for the payment which sum well and truly to be made until said City of Anna and its successors, said PRINCIPAL AND SURETIES do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned, however, that whereas said Wilson Contractor Services, LLC, the Contractor, did on , 20 enter into a written Contract Agreement with the said City of Anna to build and construct: W. FOSTER CROSSING ROAD WATER LINE in the City of Anna, Texas which Contract Agreement and the Plans and Specifications therein mentioned adopted by the City of Anna, are hereby expressly made a part hereof as though the same were written and embodied herein. WHEREAS, under the Plans and Specifications, and Contract Agreement, it is provided that the CONTRACTOR will maintain and keep in good repair the work herein contracted to be done and performed for a period of two (2) years from the date of acceptance; it being understood that the purpose of this section is to cover all defective material, work or labor performed by said CONTRACTOR, its employees, sub -contractors, materialmen and assigns. NOW THEREFORE, if the said CONTRACTOR shall keep and perform its said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have no further effect, but if default shall be made by the said CONTRACTOR in the performance of its Contract Agreement to so maintain and repair said work, then these presents shall have full force and effect, and said CITY OF ANNA shall have and recover from said SURETY, damages in the premises, as provided, and it is further agreed that this obligation shall be a continuing one against the SURETY, hereon, and that successive recoveries may be had thereon for successive breaches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. jAclerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\14-bonds doc B-7 Bonds IN WITNESS WHEREOF, the said (Contractor) has caused these presents to be (Surety Co.) executed by its ATTORNEY -IN -FACT and the said ATTORNEY -IN -FACT has hereunto set his hand this the day of 20 Surety By: Print Name: Title: Address: Phone/Fax: Wilson Contractor Services, LLC Principal Print Name: Weldon Wilson Title: President Address: 3985 Minao Road Denton, Texas 76208 Phone/Fax: _(44� 243-1174 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 Attorne -in-Fact we must have a copy of the Power of Attorney for our files, AND ATTACHED TO THIS BOND. j1clerical\anna\2015-104 w foster crossing road wl\specs\contract\re-bid\14-bands doc B-8 Bonds BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 Fax (214) 461-8390 Phone (214) 361-7900 JOHN W. BIRKHOFF, P.E. GARY C. HENDRICKS, P.E. JOE R. CARTER, P.E. MATT HICKEY, P.E. ANDREW MATA, JR., P.E. JOSEPH T. GRAJEWSKI, III, P.E. DEREK B. CHANEY, P.E. CRAIG M. KERKHOFF, P.E. Mr. Joseph Johnson Director of Public Works City of Anna 3223 N. Powell Parkway Anna, Texas 75409 Re: W. Foster Crossing Water Line — Bid Award Recommendation Dear Mr. Johnson: February 8, 2018 We have checked and evaluated the competitive proposals received at 3:00 p.m., Thursday, January 11, 2018, for the W. Foster Crossing Water Line project. We are enclosing the Bid Summary and Itemized Bid Tabulation. The bids were evaluated in the manner as described within the bidding documents and summarized below: Factors Considered % Weight Given Bid Amount 60% Quality of Bidder's previous Municipal Projects of similar nature 25% Bidder's past relationship with the city 10% Safety record of the Bidder 5% Wilson Contractor Services, LLC of Denton, Texas submitted a bid in the amount of $622,712.92. Wilson Contractor Services, LLC meets the qualification requirements of the bid documents, has a satisfactory record of completing similar projects throughout North Texas and has adequate equipment to properly pursue this project. Accordingly, based on the information we have available to us, we recommend that the City accept the bid from Wilson Contractor Services, LLC and award them a contract in the amount of $622,712.92. We are available to discuss our recommendation further at your convenience. Sincerely, Craig M. Ke khoff, F.E., C.F.M. Enclosures TBPE Firm 526 ACEC Wellness Firm =:;� Better Decisions - Better Designs TBPLS Firm 100318-00 j:\clerical\anna\2015-104 w foster crossing road wl\letters\k\bid award recommendation rebid docx CITY OF ANNA, TEXAS W. Foster Crossing Road Water Line (Re -Bid) BID SUMMARY Bids Received at 3:00 p.m., Thursday, January 11, 2018 Base Bid Additive Alternate Contractor Items 1 - 28 Alternate lA Total Amount Bid 1. Acadia Services, LLC 1510 Jelmak St. Grand Prairie, Texas 75050 $ 612,194.00 $ 4,000.00 $ 616,194.00 2. Wilson Contractor Services, LLC 3985 Mingo Rd. Denton, Texas 76208 $ 622,712.92 $ 16,350.00 $ 639,062.92 3. KIK Underground, LLC PO Box 850787 Richardson, Texas 75085 $ 640,351.50 $ 10,000.00 $ 650,351.50 4. A & M Construction & Utilities, Inc. 4950 Grisham Dr. Rowlett, Texas 75088 $ 637,115.64 $ 25,000.00 $ 662,115.64 5. Dickerson Construction Co., Inc. P.O. Box 181 Celina, Texas 75009 $ 633,417.00 $ 35,000.00 $ 668,417.00 6. Lynn Vessels Construction, LLC P.O. Box 1212 Sherman, Texas 75091 $ 677,188.79 $ 58,064.30 $ 735,253.09 7. W. Brown Enterprises Inc. 2907 N. First St. Durant, OK 74701 $ 719,533.00 $ 35,000.00 $ 754,533.00 8. Saber Development Corporation P.O. Box 540186 Dallas, Texas 75354 $ 926,413.30 $ 59,000.00 $ 985,413.30 9. Dowager Utility Construction, LTD 2464 Mariana Drive Dallas, Texas 75220 $ 995,406.00 $ 45,000.00 $ 1,040,406.00 JACLERICAL\Anna\2015-104 W Foster Crossing Road WL\Specs\Tech-Spec\11-P&BS-2.x1sx TABULATION OF BIDS Date: January 11, 2018 Project: CITY OF ANNA, TEXAS BIRKHOFF, HENDRICKS & CARTER, L.L.P. W. Foster Crossing Road Water Line (Re -Bid) PROFESSIONAL ENGINEERS Dallas, Texas BID OF Acadia Services, LLC 1510 Jelmak St. Grand Prairie, Texas 75050 BID OF Wilson Contractor Services, LLC 3985 Mingo Rd. Denton, Texas 76208 BID OF KIK Underground, LLC PO Box 850787 Richardson, Texas 75085 Item No. Approximate Quantities Unit Description IL mt x Price I Extension nit Bid Price Extension nit x Price Extension BASE BID 1 6,318 L.F. Furnish & Install 12-Inch Waterline with Embedment by Open Cut $40.00 $ 252,720.00 $51.94 $ 328,156.92 $46.00 $ 290,628.00 2 280 L.F. Furnish & Install 12-Inch Waterline with 24" Steel Encasement Pipe (1/4" Thick Wall) by Other Than Open Cut $450.00 $ 126,000.00 $305.00 $ 85,400.00 $450.00 $ 126,000.00 3 106 L.F. Furnish & Install 12-Inch Waterline with 24" Steel Encasement Pipe (3/8" Thick Wall) by Other Than Open Cut $470.00 $ 49,820.00 $430.00 $ 45,580.00 $460.00 $ 48,760.00 4 12 Ea. Furnish & Install 12-Inch Resilient Seated Gate Valve $3,000.00 $ 36,000.00 $2,650.00 $ 31,800.00 $2,000.00 $ 24,000.00 5 17 Ea. lFurnish & Install Fire Hydrant Assembly $4,000.00 $ 68,000.00 $3,700.00 $ 62,900.00 $4,500.00 $ 76,500.00 6 3 Ea. Furnish & Install 2-Inch Combination Air Release Valve with 4-Foot Dia. Manhole $3,000.00 $ 9,000.00 $3,875.00 $ 11,625.00 $5,200.00 $ 15,600.00 7 1 Ea. Connect to 12-Inch Waterline, including Dewatering $2,000.00 $ 2,000.00 $1,500.00 $ 1,500.00 $775.00 $ 775.00 8 1 Ea. Furnish & Install 24" x 12" Tapping Sleeve and Valve $10,000.00 $ 10,000.00 $10,000.00 $ 10,000.00 $12,830.00 $ 12,830.00 9 1 Ea. Furnish & Install Water Line Low Point Marker $50.00 $ 50.00 $100.00 $ 100.00 $75.00 $ 75.00 10 23 L.F. Remove & Replace 15-Inch C.M.P. $20.00 $ 460.00 $25.00 $ 575.00 $53.00 $ 1,219.00 11 63 L.F. Remove & Replace Barbed Wire Fence $10.00 $ 630.00 $10.00 $ 630.00 $18.00 $ 1,134.00 12 168 L.F. Remove & Replace Barbed Wire / Hog Wire Fence $10.00 $ 1,680.00 $12.00 $ 2,016.00 $18.00 $ 3,024.00 13 7 L.F. Remove & Replace Wood Fence $80.00 $ 560.00 $10.00 $ 70.00 $49.00 $ 343.00 14 11 L.F. Remove & Replace 3-Bar Fence $100.00 $ 1,100.00 $30.00 $ 330.00 $18.00 $ 198.00 15 1 Ea. Remove & Replace 3-Bar Gate $1,500.00 $ 1,500.00 $750.00 $ 750.00 $597.00 $ 597.00 16 51 S.Y. Remove & Replace Gravel Pavement $20.00 $ 1,020.00 $20.00 $ 1,020.00 $24.00 $ 1,224.00 17 41 S.Y. Remove & Replace Asphalt Pavement $70.00 $ 2,870.00 $90.00 $ 3,690.00 $72.00 $ 2,952.00 18 64 S.Y. Remove & Replace Concrete Pavement $120.00 $ 7,680.00 $95.00 $ 6,080.00 $85.00 $ 5,440.00 19 63 L.F. Full Depth Sawcut $20.00 $ 1,260.00 $26.00 $ 1,638.00 $3.00 $ 189.00 20 63 L.F. Furnish & Install Longitudinal Butt Joint $20.00 $ 1,260.00 $8.00 $ 504.00 $20.00 $ 1,260.00 21 1 L.S. Furnish, Implement & Maintain Storm Water Pollution Prevention Plan $1,500.00 $ 1,500.00 $4,500.00 $ 4,500.00 $1,970.00 $ 1,970.00 22 1 Ea. Design Trench Safety Plan $700.00 $ 700.00 $500.00 $ 500.00 $400.00 $ 400.00 23 6,318 L.F. Furnish, Install, Maintain & Remove Trench Safety System $4-00 $ 6,318.00 $0.50 $ 3,159.00 $1.00 $ 6,318.00 24 6,318 L.F. Furnish, Install, Maintain & Remove Erosion Control Measures $2.00 $ 12,636.00 $0.50 $ 3,159.00 $1.00 $ 6,318.00 25 1 L.S. Furnish, Implement & Maintain Traffic Control Plan $4,000.00 $ 4,000.00 $3,000.00 $ 3,000.00 $2,000.00 $ 2,000.00 26 10,530 S.Y. Furnish, Install and Maintain Hydromulch Seeding $1.00 $ 10,530.00 $1.00 $ 10,530.00 $0.75 $ 7,897.50 27 2 Ea. Project Signs $700.00 $ 1,400.00 $1,000.00 $ 2,000.00 $600.00 $ 1,200.00 28 1 L.S. For GCEC Utility Pole Relocation (BID ALLOWANCE) $1,500.00 $ 1,500.00 $1,500.00 $ 1,500.00 $1,500.00 $ 1,500.00 TOTAL AMOUNT OF BASE BID (Items 1 Through 28) $ 612,194.00 $ 622,712.92 $ 640,351.50 ADDITIVE ALTERNATE 1 A 1 L.S. Contractor shall provide the additional cost to install the proposed waterline to a depth of 4-feet cover below the proposed fixture grade shown on Sheets 10 to 15. This applies to the waterline between Sta. 28+10 to 34+00 & between Sta. 40+00 to 45+00. Additive alternate price shall include any Additional Excavation, Trench Safety, Valve Extensions, etc., as required for the Extra Depth Installation $4,000.00 $ 4,000.00 S 16,350.00 S 16,350.00 $10,000.00 S 10,000.00 TOTAL AMOUNT OF ADDITIVE ALTERNATE (Item 1A) $ 4,000.00 $ 16,350.00 1 $ 10,000.00 TOTAL AMOUNT OF BID (Base Bid + Additive Alternate) $ 616,194.00 $ 639,062.92 11 $ 650,351.50 JACLERICAL\Anna\2015-104 W Foster Crossing Road WL\Specs\Tech-Spec\11-P&BS-2.x1sx Page I Of 3 TABULATION OF BIDS Date: January 11, 2018 Project: CITY OF ANNA, TEXAS BIRKHOFF, HENDRICKS & CARTER, L.L.P. W. Foster Crossing Road Water Line (Re -Bid) PROFESSIONAL ENGINEERS Dallas, Texas BID OF A & M Construction & Utilities, Inc. 4950 Grisham Dr. Rowlett, Texas 75088 BID OF Dickerson Construction Co., Inc. P.O. Box 181 Celina, Texas 75009 BID OF Lynn Vessels Construction, LLC P.O. Box 1212 Sherman, Texas 75091 Item No. Approximate Quantities Unit Descri tion nit i Price -IFnxt Extension x Price Extension nit Bi Price Extension BASE BID 1 6,318 L.F. Furnish & Install 12-Inch Waterline with Embedment by Open Cut $46.23 $ 292,081.14 $52.50 $ 331,695.00 $48.81 $ 308,381.58 2 280 L.F. Furnish & Install 12-Inch Waterline with 24" Steel Encasement Pipe (1/4" Thick Wall) by Other Than Open Cut $411.55 $ 115,234.00 $350.00 $ 98,000.00 $427.94 $ 119,823.20 3 106 L.F. Furnish & Install 12-Inch Waterline with 24" Steel Encasement Pipe (3/8" Thick Wall) by Other Than Open Cut $431.00 $ 45,686.00 $375.00 $ 39,750.00 $445.26 $ 47,197.56 4 12 Ea. Furnish & Install 12-Inch Resilient Seated Gate Valve $2,149.00 $ 25,788.00 $2,000.00 $ 24,000.00 $2,097.98 $ 25,175.76 5 17 Ea. lFurnish & Install Fire Hydrant Assembly $4,163.00 $ 70,771.00 $3,550.00 $ 60,350.00 $3,704.56 $ 62,977.52 6 3 Ea. Furnish & Install 2-Inch Combination Air Release Valve with 4-Foot Dia. Manhole $3,854.00 $ 11,562.00 $4,600.00 $ 13,800.00 $3,926.48 $ 11,779.44 7 1 Ea. Connect to 12-Inch Waterline, including Dewatering $1,407.00 $ 1,407.00 $1,000.00 $ 1,000.00 $2,106.80 $ 2,106.80 8 1 Ea. Furnish & Install 24" x 12" Tapping Sleeve and Valve $10,600.00 $ 10,600.00 $10,750.00 $ 10,750.00 $10,525.95 $ 10,525.95 9 1 Ea. Furnish & Install Water Line Low Point Marker $285.00 $ 285.00 $50.00 $ 50.00 $97.75 $ 97.75 10 23 L.F. Remove & Replace 15-Inch C.M.P. $30.00 $ 690.00 $75.00 $ 1,725.00 $71.35 $ 1,641.05 11 63 L.F. IRemove & Replace Barbed Wire Fence $15.00 $ 945.00 $10.00 $ 630.00 $80.50 $ 5,071.50 12 168 L.F. Remove & Replace Barbed Wire / Hog Wire Fence $15.00 $ 2,520.00 $15.00 $ 2,520.00 $23.00 $ 3,864.00 13 7 L.F. Remove & Replace Wood Fence $40.00 $ 280.00 $100.00 $ 700.00 $115.00 $ 805.00 14 11 L.F. Remove & Replace 3-Bar Fence $40.00 $ 440.00 $50.00 $ 550.00 $230.00 $ 2,530.00 15 1 Ea. Remove & Replace 3-Bar Gate $500.00 $ 500.00 $750.00 $ 750.00 $747.50 $ 747.50 16 51 S.Y. Remove & Replace Gravel Pavement $28.00 $ 1,428.00 $15.00 $ 765.00 $17.25 $ 879.75 17 41 S.Y. Remove & Replace Asphalt Pavement $60.00 $ 2,460.00 $90.00 $ 3,690.00 $92.00 $ 3,772.00 18 64 S.Y. Remove & Replace Concrete Pavement $130.00 $ 8,320.00 $125.00 $ 8,000.00 $115.00 $ 7,360.00 19 63 L.F. Full Depth Sawcut $6.00 $ 378.00 $10.00 $ 630.00 $8.21 $ 517.23 20 63 L.F. Furnish & Install Longitudinal Butt Joint $12.00 $ 756.00 $30.00 $ 1,890.00 $11.50 $ 724.50 21 1 L.S. Furnish, Implement & Maintain Storm Water Pollution Prevention Plan $1,100.00 $ 1,100.00 $900.00 $ 900.00 $1,265.00 $ 1,265.00 22 1 Ea. Design Trench Safety Plan $950.00 $ 950.00 $1,000.00 $ 1,000.00 $920.00 $ 920.00 23 6,318 L.F. Furnish, Install, Maintain & Remove Trench Safety System $1.25 $ 7,897.50 $0.50 $ 3,159.00 $1.15 $ 7,265.70 24 6,318 L.F. Furnish, Install, Maintain & Remove Erosion Control Measures $0.25 $ 1,579.50 $1.50 $ 9,477.00 $2.30 $ 14,531.40 25 1 L.S. Furnish, Implement & Maintain Traffic Control Plan $1,800.00 $ 1,800.00 $1,500.00 $ 1,500.00 $1,725.00 $ 1,725.00 26 10,530 S.Y. Furnish, Install and Maintain Hydromulch Seeding $2.75 $ 28,957.50 $1.20 $ 12,636.00 $3.12 $ 32,853.60 27 2 Ea. Project Signs $600.00 $ 1,200.00 $1,000.00 $ 2,000.00 $575.00 $ 1,150.00 28 1 L.S. For GCEC Utility Pole Relocation (BID ALLOWANCE) $1,500.00 $ 1,500.00 $1,500.00 $ 1,500.00 $1,500.00 $ 1,500.00 TOTAL AMOUNT OF BASE BID (Items 1 Through 28) $ 637,115.64 $ 633,417.00 $ 677,188.79 ADDITIVE ALTERNATE 1 A 1 I L.S. Contractor shall provide the additional cost to install the proposed waterline to a depth of 4-feet cover below the proposed fixture grade shown on Sheets 10 to 15. This applies to the waterline between Sta. 28+10 to 34+00 & between Sta. 40+00 to 45+00. Additive alternate price Ishallinclude any Additional Excavation, Trench Safety, Valve Extensions, etc., as required for the Extra Depth Installation $25,000.00 $ 25,000.00 $35,000.00 $ 35,000.00 $58,064.30 $ 58,064.30 TOTAL AMOUNT OF ADDITIVE ALTERNATE (Item 1A) $ 25.000.00 11 $ 35,000.00 $ 58,064.30 TOTAL AMOUNT OF BID (Base Bid + Additive Alternate) $ 662,115.64 $ 668,417.00 $ 735,253.09 JACLERICAL\Anna\2015-104 W Foster Crossing Road WL\Specs\Tech-Spec\11-P&BS-2.x1sx Page 2 of 3 TABULATION OF BIDS Date: January 11, 2018 Project: CITY OF ANNA, TEXAS BIRKHOFF, HENDRICKS & CARTER, L.L.P. W. Foster Crossing Road Water Line (Re -Bid) PROFESSIONAL ENGINEERS Dallas, Texas BID OF W. Brown Enterprises Inc. 2907 N. First St. Durant, OK 74701 BID OF Saber Development Corporation P.O. Box 540186 Dallas, Texas 75354 BID OF Dowager Utility Construction, LTD 2464 Manana Drive Dallas, Texas 75220 Item No. Approximate Quantities Unit Description nit x Price Extension nit Bid Price Extension art x Price Extension BASE BID 1 6,318 L.F. Furnish & Install 12-Inch Waterline with Embedment by Open Cut $48.00 $ 303,264.00 $96.50 $ 609,687.00 $84.00 $ 530,712.00 2 280 L.F. Furnish & Install 12-Inch Waterline with 24" Steel Encasement Pipe (1/4" Thick Wall) by Other Than Open Cut $450.00 $ 126,000.00 $404.00 $ 113,120.00 $530.00 $ 148,400.00 3 106 L.F. Furnish & Install 12-Inch Waterline with 24" Steel Encasement Pipe (3/8" Thick Wall) by Other Than Open Cut $450.00 $ 47,700.00 $455.00 $ 48,230.00 $560.00 $ 59,360.00 4 12 Ea. Furnish & Install 12-Inch Resilient Seated Gate Valve $2,500.00 $ 30,000.00 $2,400.00 $ 28,800.00 $2,600.00 $ 31,200.00 5 17 Ea. Furnish & Install Fire Hydrant Assembly $4,500.00 $ 76,500.00 $3,650.00 $ 62,050.00 $6,200.00 $ 105,400.00 6 3 Ea. Furnish & Install 2-Inch Combination Air Release Valve with 4-Foot Dia. Manhole $3,200.00 $ 9,600.00 $3,500.00 $ 10,500.00 $7,000.00 $ 21,000.00 7 1 Ea. Connect to 12-Inch Waterline, including Dewatering $1,000.00 $ 1,000.00 $550.00 $ 550.00 $6,000.00 $ 6,000.00 8 1 Ea. Furnish & Install 24" x 12" Tapping Sleeve and Valve $11,500.00 $ 11,500.00 $10,500.00 $ 10,500.00 $18,000.00 $ 18,000.00 9 1 Ea. Furnish & Install Water Line Low Point Marker $300.00 $ 300.00 $75.00 $ 75.00 $200.00 $ 200.00 10 23 L.F. Remove & Replace 15-Inch C.M.P. $75.00 $ 1,725.00 $55.00 $ 1,265.00 $50.00 $ 1,150.00 11 63 L.F. Remove & Replace Barbed Wire Fence $15.00 $ 945.00 $20.00 $ 1,260.00 $20.00 $ 1,260.00 12 168 L.F. Remove & Replace Barbed Wire / Hog Wire Fence $20.00 $ 3,360.00 $20.00 $ 3,360.00 $20.00 $ 3,360.00 13 7 L.F. Remove & Replace Wood Fence $50.00 $ 350.00 $160.00 $ 1,120.00 $30.00 $ 210.00 14 11 L.F. Remove & Replace 3-Bar Fence $50.00 $ 550.00 $240.00 $ 2,640.00 $150.00 $ 1,650.00 15 1 Ea. Remove & Replace 3-Bar Gate $500.00 $ 500.00 $2,400.00 $ 2,400.00 $1,500.00 $ 1,500.00 16 51 S.Y. Remove & Replace Gravel Pavement $50.00 $ 2,550.00 $6.00 $ 306.00 $50.00 $ 2,550.00 17 41 S.Y. Remove & Replace Asphalt Pavement $125.00 $ 5,125.00 $45.00 $ 1,845.00 $80.00 $ 3,280.00 18 64 S.Y. Remove & Replace Concrete Pavement $125.00 $ 8,000.00 $80.00 $ 5,120.00 $100.00 $ 6,400.00 19 63 L.F. Full Depth Sawcut $10.00 $ 630.00 $2.50 $ 157.50 $10.00 $ 630.00 20 63 L.F. IFumish & Install Longitudinal Butt Joint $10.00 $ 630.00 $15.00 $ 945.00 $10.00 $ 630.00 21 1 L.S. Furnish, Implement & Maintain Storm Water Pollution Prevention Plan $5,000.00 $ 5,000.00 $500.00 $ 500.00 $4,000.00 $ 4,000.00 22 1 Ea. Design Trench Safety Plan $6,300.00 $ 6,300.00 $400.00 $ 400.00 $2,000.00 $ 2,000.00 23 6,318 L.F. Furnish, Install, Maintain & Remove Trench Safety System $1.00 $ 6,318.00 $1.00 $ 6,318.00 $1.00 $ 6,318.00 24 6,318 L.F. Furnish, Install, Maintain & Remove Erosion Control Measures $2.00 $ 12,636.00 $1.10 $ 6,949.80 $2.00 $ 12,636.00 25 1 L.S. Furnish, Implement & Maintain Traffic Control Plan $2,500.00 $ 2,500.00 $650.00 $ 650.00 $4,000.00 $ 4,000.00 26 10,530 S.Y. Furnish, Install and Maintain Hydromulch Seeding $5.00 $ 52,650.00 $0.50 $ 5,265.00 $2.00 $ 21,060.00 27 2 Ea. Project Signs $1,200.00 $ 2,400.00 $450.00 $ 900.00 $500.00 $ 1,000.00 28 1 L.S. For GCEC Utility Pole Relocation (BID ALLOWANCE) $1,500.00 $ 1,500.00 $1,500.00 $ 1,500.00 $1,500.00 $ 1,500.00 TOTAL AMOUNT OF BASE BID (Items 1 Through 28) $ 719,533.00 $ 926,413.30 $ 995,406.00 ADDITIVE ALTERNATE 1 A 1 L.S. Contractor shall provide the additional cost to install the proposed waterline to a depth of 4-feet cover below the proposed fixture grade shown on Sheets 10 to 15. This applies to the waterline between Sta. 28+10 to 34+00 & between Sta. 40+00 to 45+00. Additive alternate price shall include any Additional Excavation, Trench Safety, Valve Extensions, etc., as required for the Extra Depth Installation $35,000.00 $ 35,000.00 $59,000.00 $ 59,000.00 $45,000.00 $ 45,000.00 TOTAL AMOUNT OF ADDITIVE ALTERNATE (Item 1A) $ 35,000.00 $ 59,000.00 $ 45,000.00 TOTAL AMOUNT OF BID (Base Bid + Additive Alternate) $ 754,533.00 $ 985,413.30 $ 1,040,406.00 JACLERICAL\Anna\2015-104 W Foster Crossing Road WL\Specs\Tech-Spec\11-P&BS-2.x1sx Page 3 Of 3 THE CITY OF AiAtia AGENDA ITEM: Item No. 11. City Council Agenda Staff Report Meeting Date: 2/13/2018 Consider/Discuss/Action on an Ordinance ordering a General and Special Election to be held on May 5, 2018. SUMMARY: This ordinance calls the May 5, 2018 general election for Mayor and for Place 1 on the City Council and a special election that proposes Charter amendments for decision by the voters. The ordinance further authorizes the City Manager to execute all necessary agreements for a joint election with the Anna I S D and the County for purposes of savings and uniformity. Staff recommends approval of the ordinance. Ijif_Ta:l►vil=11 il,kI&V Description Ordinance Contract and Agreement Upload Date Type 2/9/2018 Ordinance 2/9/2018 Exhibit ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ORDERING A GENERAL ELECTION TO BE HELD ON MAY 5, 2018 FOR THE PURPOSE OF ELECTING A MAYOR AND ONE CITY COUNCIL MEMBER AND A SPECIAL ELECTION TO PROPOSE TO VOTERS CERTAIN AMENDMENTS TO THE CITY OF ANNA, TEXAS HOME -RULE CHARTER; DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; AUTHORIZING EXECUTION OF JOINT ELECTION CONTRACTS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with the general laws and Constitution of the State of Texas and the City of Anna, Texas Home -Rule Charter ("Charter"), a Municipal Officers' election and special election proposing amendments to the Charter is to be held on the first Saturday in May; and WHEREAS, May 5, 2018 is the first Saturday in May and the next uniform election date; and WHEREAS, it is necessary that the City Council of the City of Anna order an election to be held on the 5th day of May 2018, 7:00 a.m. to 7:00 p.m., for the purpose of: (1) electing a Mayor and a Council Member for Place 1; and, (2) proposing certain amendments to the Charter; and WHEREAS, the election shall be held as a Joint Election with the Anna Independent School District ("ISD") and administered by the Collin County Elections Administrator in accordance with the provisions of the Texas Election Code, the Charter of the City of Anna, and one or more contracts for joint elections with the ISD and the Collin County Elections Administrator; and WHEREAS, the City of Anna accepts Collin County Election Administration's use of the direct record and optical scan voting systems, which have been certified by the Secretary of State in accordance with the Texas Election Code and approved by the United States Department of Justice; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. ELECTION ORDER FOR GENERAL ELECTION OF MUNICIPAL OFFICERS A general election is hereby ordered to be held by the City of Anna, Texas, on Saturday, May 5, 2018, for the purpose of electing a Mayor and a Council Member for Place 1. Polling locations for the election will be determined in the Joint Election Contract with the ISD and the Collin County Elections Administrator. The polling locations shall be open between the hours of 7:00 a.m. and 7:00 p.m. the date of the election. The election will be conducted in accordance with the Texas Election Code, the above -referenced Joint Election Contract, and a Joint Election Agreement, by and between the City, the ISD and the Board of Trustees of Collin College District. SECTION 2. ELECTION ORDER FOR SPECIAL ELECTION ON MEASURES PROPOSING AMENDMENTS TO THE CHARTER A special election is hereby ordered to be held by the City of Anna, Texas, on Saturday, May 5, 2018, for the purpose of proposing certain amendments to the Charter. Polling locations for the election will be determined in the Joint Election Contract with the ISD and the Collin County Elections Administrator. The polling locations shall be open between the hours of 7:00 a.m. and 7:00 p.m. the date of the election. The election will be conducted in accordance with the Texas Election Code, the above -referenced Joint Election Contract, and a Joint Election Agreement, by and between the City, the ISD and the Board of Trustees of Collin College District. SECTION 2.1 The ballot propositions for the measures to be voted on shall include Proposition A, Proposition B, Proposition C, Proposition D, and Proposition E, as set forth in this ordinance as follows: Proposition A — City of Anna, Texas Shall the City of Anna, Texas Home -Rule Charter be amended to allow personnel regulations to be adopted by a resolution of the City Council? Proposition B — City of Anna, Texas Shall the City of Anna, Texas Home -Rule Charter be amended to allow the City Council to fill by appointment any vacancy occurring on the City Council for an unexpired term of 12 months or less? Proposition C — City of Anna, Texas Shall the City of Anna, Texas Home -Rule Charter be amended to add the prohibition against nepotism to the penalties under Charter Section 14.06, the violation of which would result in forfeiture of elected or appointed City position and a period of ineligibility to hold same? ORD May 2018 Election Order PAGE 2 OF 8 Proposition D — City of Anna, Texas Shall the City of Anna, Texas Home -Rule Charter be amended to increase the period of ineligibility to hold an elected or appointed City position from five years to ten years for violation of any penalty listed under Charter Section 14.06? Proposition E — City of Anna, Texas Shall the City of Anna, Texas Home -Rule Charter be amended to allow publication of City ordinances, resolutions, notice of budget public hearing, audit summary, and other various notices and materials required to be published under the Charter or other law by means other than newspaper publication (e.g., publication on the City's Internet website) to the extent state law is amended to allow such alternative method of publication? SECTION 2.2 For the purposes of Proposition A, it is proposed that Section 4.06(a) of the Charter be amended to read as follows: "(a) Personnel rules must be prepared by the City Manager and presented to the City Council, who may adopt them by resolution, with or without amendment. The adopted rules must establish the City as an Equal Opportunity Employer and must govern the equitable administration of the Personnel System of the City." SECTION 2.3 For the purposes of Proposition B, it is proposed that Section 3.05(d) of the Charter be amended to read as follows: "(d) If for any reason a single vacancy or multiple vacancies exist on the City Council, the vacancy must be filled by majority vote of the qualified voters at a special election called for such purpose within 120 days after such vacancy occurs as required by Article XI, Section 11 of the Texas Constitution; provided, however, that the Council may opt to fill by appointment any such vacancy occurring for an unexpired term of 12 months or less. The person elected or appointed to fill the vacancy must meet the qualifications referenced in Section 3.02 of this Charter. The person elected or appointed to fill the vacancy serves until the next regular municipal election for that Place on the City Council. If the position of Mayor becomes vacant, then the City Council must — as soon as is practicable after a Mayor is elected or appointed to fill the vacancy —elect the positions of Mayor Pro-Tem and Deputy Mayor Pro-Tem." SECTION 2.4 For the purposes of Proposition C, it is proposed that Section 14.06 of the Charter be amended, in relevant part, to read as follows: ORD May 2018 Election Order PAGE 3 OF 8 "Any person who willfully engages in and is found in violation of any of the activities prohibited in Sections 14.01, 14.02, 14.03, 14.04 or 14.05 of this Article is ineligible for appointment or election to a position in the City .... If the person is an officer or employee of the City at the time of the violation, he or she must immediately forfeit his or her office or position, if found in violation." SECTION 2.5 For the purposes of Proposition D, it is proposed that Section 14.06 of the Charter be amended, in relevant part, to read as follows: "Any person who willfully engages in and is found in violation of any of the activities prohibited in ... this Article is ineligible for appointment or election to a position in the City for a period of ten years from that time. If the person is an officer or employee of the City at the time of the violation, he or she must immediately forfeit his or her office or position, if found in violation." SECTION 2.6 For the purposes of Proposition E, it is proposed that Section 3.13(b) of the Charter be amended to read as follows: "(b) Every ordinance is effective upon adoption or at any later time(s) specified in the ordinance, except that every ordinance imposing any penalty, fine or forfeiture is effective only after having been published twice in its entirety or summary form after adoption, in a newspaper designated as the official newspaper of the City. Notwithstanding the foregoing and to the extent state law provides for an applicable alternate method for publication, the City may forgo newspaper publication and publish the ordinance or its caption in accordance with the applicable state law." SECTION 2.7 For the purposes of Proposition E, it is proposed that Section 6.17 of the Charter be amended to read as follows: "The person performing the duties of City Secretary of the City must publish at least twice in the official newspaper of the City the proposed or referred ordinance or resolution within 15 days before the date of the election, and must give such other notices and do such other things relative to such election as are required by law in municipal elections and by the ordinance or resolution calling said election. Notwithstanding the foregoing and to the extent state law provides for an applicable alternate method for publication, the City may forgo newspaper publication and publish the ordinance or resolution in accordance with the applicable state law." SECTION 2.8 For the purposes of Proposition E, it is proposed that Section 7.05 of the Charter be amended to read as follows: "At the City Council meeting when the budget is submitted, the City Council must name the date and place of a public hearing and have published in the official newspaper of the City, at least twice, the time and place, which will be not less than ten days nor more than 30 days after the date of notice. At this hearing, interested citizens may express their opinions concerning items of expenditures, giving their reasons for wishing to increase or decrease any items of expense. Notwithstanding the foregoing and to the extent state law provides for an applicable alternate method for publication, the City may forgo newspaper publication and publish the time and place of the hearing in accordance with the applicable state law." ORD May 2018 Election Order PAGE 4 OF 8 SECTION 2.9 For the purposes of Proposition E, it is proposed that Section 7.18 of the Charter be amended to read as follows: "When deemed necessary by the City Council, it may call —and at the close of each fiscal year —must call for an independent audit of all accounts of the City by a certified public accountant. No more than five consecutive annual audits may be completed by the same firm. The certified public accountant selected may have no personal interest, directly or indirectly, in the financial affairs of the City or any of its officers. The report of audit, with the auditor's recommendations, will be made to the City Council. Upon completion of the audit, the summary must be published immediately in the official newspaper of the City and copies of the audit placed on file in the office of the person performing the duties of City Secretary, as a public record. Notwithstanding the foregoing and to the extent state law provides for an applicable alternate method for publication, the City may forgo newspaper publication and publish the summary in accordance with the applicable state law" SECTION 2.10 For the purposes of Proposition E, it is proposed that Section 11.02 of the Charter be amended to read as follows: "The City Council must declare an official newspaper of general circulation in the City. All ordinances, captions, notices, and other matters required by this Charter, City ordinance, or state or federal law to be published must be published in the official newspaper. Notwithstanding the foregoing and to the extent that state law provides for an applicable alternate method for publication, the City may forgo newspaper publication and publish the ordinance, caption, notice, or other matter in accordance with the applicable state law." SECTION 2.11 For the purposes of Proposition E, it is proposed that Section 11.07(b) of the Charter be amended to read as follows: "(b) The City Council must receive and have published in the official newspaper of the City a comprehensive summary of the report presented by the Commission, must consider any recommendations made, and may order any amendments suggested to be submitted to the voters of the City in the manner provided by state law as now written or amended. Notwithstanding the foregoing and to the extent state law provides for an applicable alternate method for publication, the City may forgo newspaper publication and publish the comprehensive summary in accordance with the applicable state law." SECTION 2.12 For the purposes of Proposition E, it is proposed that Article 11 of the Charter be amended to add a new Section 11.08 read as follows: "SECTION 11.08 — Potential Alternative Method of Publication Notwithstanding any other provision of this Charter and to the extent state law provides for an applicable alternate method for publication that applies to anything required under this Charter to be published in a newspaper, the City may forgo newspaper publication and publish in accordance with the applicable state law." ORD May 2018 Election Order PAGE 5 OF 8 SECTION 3. ELECTION NOTICE The City Secretary is hereby directed to cause notice of said general election and special election to be published at least once, not earlier than the 30th day nor later than the 10th day, before election day as provided in Section 4.003(a)(1) of the Texas Election Code and containing the content required under Section 4.004 of the Texas Election Code; and shall be posted on the bulletin board used for posting notices of the City Council meetings not later than the 21 st day before election day. A copy of the published notice that contains the name of the newspaper and the date of publication shall be retained as a record of such notice, and the person posting the notice shall make a record at the time of posting stating the date and place of posting in accordance with Texas Election Code Section 4.005. The City Secretary is further hereby directed to cause notice of said special election to be published in accordance with Texas Local Government Code § 9.004(c). A copy of the published notice that contains the name of the newspaper and the date of publication shall be retained as a record of such notice. SECTION 4. EARLY VOTING Early voting by personal appearance by any qualified Collin County resident shall be conducted at the Anna City Hall, 111 N. Powell Pkwy, Anna, Texas 75409, or at any of the other Collin County Vote Centers established by the Joint Election Contract. Early voting by personal appearance for the May 5, 2018, election will be conducted by the Collin County Elections Administration. The dates and times for early voting by personal appearance are as follows: Polling Place Address City Collin County Election Office 2010 Redbud Blvd., #102 McKinney (Main Early Voting Location) Anna City Hall 111 N. Powell Parkway Anna Sunday Monday Tuesday Wednesday Thursday Friday Saturday April22 April23 April24 April25 April26 April27 April28 8am — 5pm 8am — 5pm 8am — 5pm Sam - 7pm 8am - 5pm 8am - 5pm April 29 April 30 May 1 May 2 May 3 May 4 May 5 7am — 7pm 7am — 7pm 7am — 7pm Election Day ORD May 2018 Election Order PAGE 6 OF 8 SECTION 5. ELECTION DAY POLLING PLACE On May 5, 2018, Election Day, the polls shall be open from 7:00 a.m. to 7:00 p.m. and conducted at the Anna City Hall, 111 N. Powell Pkwy, Anna, Texas 75409 or at any of the other Collin County Vote Centers established by the Joint Election Contract. SECTION 6. EARLY VOTING BY MAIL Applications for early voting ballot by mail shall be mailed to: Bruce Sherbet, Elections Administrator, 2010 Redbud Blvd., Ste. 102, McKinney, Texas 75069. Applications for early voting ballot by mail must be received no later than the close of business on April 24, 2018. SECTION 7. RUNOFF ELECTION If a run-off election becomes necessary, the Collin County Elections Administrator will conduct the run-off election to be held on Saturday, June 16, 2018. SECTION 8. ELECTRONIC VOTING EQUIPMENT In accordance with Section 123.001 of the Texas Election Code, the Direct Record and Optical Scan Voting Systems approved by the Secretary of State are hereby adopted for the election on May 5, 2018. SECTION 9. ADMINISTRATION AND PROCEDURES OF THE ELECTION The City Manager is hereby authorized and directed to enter into joint election agreements for said general and any special elections with Collin County Elections Administration and Anna Independent School District and to execute such election agreements for said elections. SECTION 10. ELECTION OFFICIALS Pursuant to the Joint Election Contract, the Collin County Elections Administrator shall serve as Early Voting Clerk for the election. Presiding Election Judges and Alternate Presiding Election Judges appointed to serve at said polling places shall be those election officials furnished by Collin County Elections Administrator. SECTION 11. EARLY VOTING BALLOT BOARD An Early Voting Ballot Board shall be created to process early voting results in accordance with Chapter 87 of the Texas Election Code. The Early Voting Ballot Board shall be made up of members appointed in the manner stated in the Joint Election Contract and the Presiding Judge and Alternate Presiding Judge of the Early Voting Ballot Board shall be the election officials listed in the Joint Election Contract. ORD May 2018 Election Order PAGE 7 OF 8 SECTION 12. SAVINGS, SEVERABILITY AND REPEALING CLAUSES Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of this ordinance, which shall remain in full force and effect. All previous ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict. SECTION 13. EFFECTIVE DATE This ordinance shall become effective immediately from and after its passage. APPROVED AND ADOPTED by the City Council of the City of Anna, Texas on this the 13th day of February 2018. ATTESTED: City Secretary Carrie L. Smith ORD May 2018 Election Order APPROVED: Mayor Nate Pike PAGE 8OF8 May 5, 2018 Joint General Election Contract for Election Services Anna/Anna ISD May 5,2018 Joint General Election Table of Contents I......................................................Duties and Services of Contracting Officer II................................................Duties and Services of City and School District III....................................................................................Cost of Election IV.................................................................................General Provisions Exhibits Exhibit A....................................................Early Voting Schedule and Locations Exhibit B.................................................................Election Day Vote Centers Exhibit C.............................................................................Cost of Services May 5, 2018 Joint General Election — City of Anna & AISD 01/30/18 — Page 2 THE STATE OF TEXAS COUNTY OF COLLIN § CITY - SCHOOL ANNA CONTRACT FOR ELECTION SERVICES BY THE TERMS OF THIS CONTRACT made and entered into by and between the CITY OF ANNA, hereinafter referred to as the "CITY," and the BOARD OF TRUSTEES OF THE ANNA INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as the "SCHOOL DISTRICT," and BRUCE SHERBET, Elections Administrator of Collin County, Texas, hereinafter referred to as "Contracting Officer," pursuant to the authority in Subchapter D, Section 31.092, of Chapter 31, of the Texas Election Code, agree to the following particulars in regard to coordination, supervision and running of the City and School District's May 5, 2018 Joint General Election and a City Runoff Election, if necessary, on June 16, 2018. An additional cost estimate, early voting calendar, and Election Day polling place schedule will be prepared should a Runoff Election be necessary. THIS AGREEMENT is entered into in consideration of the mutual covenants and promises hereinafter set out. IT IS AGREED AS FOLLOWS: I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting Officer shall be responsible for performing the following duties and shall furnish the following services and equipment: A. The Contracting Officer shall arrange for appointment, notification (including writ of election), training and compensation of all presiding judges, alternate judges, the judge of the Central Counting Station and judge of the Early Voting Ballot Board. a. The Contracting Officer shall be responsible for notification of each Election Day and Early Voting presiding judge and alternate judge of his or her appointment. The recommendations of the City and the School District will be the accepted guidelines for the number of clerks secured to work in each Vote Center. The presiding election judge of each Vote Center, however, will use his/her discretion to determine when additional manpower is needed during peak voting hours. The Contracting Officer May 5, 2018 Joint General Election — City of Anna & AISD 01/30/18 —Page 3 will determine the number of clerks to work in the Central Counting Station and the number of clerks to work on the Ballot Board. Election judges shall be secured by the Contracting Officer with the approval of the City and the School District. b. Election judges shall attend the Contracting Officer's school of instruction (Elections Seminar); calendar will be provided. C. Election judges shall be responsible for picking up from and returning election supplies to the county election warehouse located at 2010 Redbud Blvd., Suite 102, McKinney. Compensation for this pickup and delivery of supplies will be $25.00. d. The Contracting Officer shall compensate each election judge and worker. Each judge shall receive $12.00 per hour for services rendered. Each alternate judge and clerk shall receive $10.00 per hour for services rendered. Overtime will be paid to each person working over 40 hours per week. B. The Contracting Officer shall procure, prepare, and distribute voting machines, election kits and election supplies. a. The Contracting Officer shall secure election kits which include the legal documentation required to hold an election and all supplies including locks, pens, magic markers, etc. b. The Contracting Officer shall secure all tables, chairs, and legal documentation required to run the Central Counting Station. C. The Contracting Officer shall provide all lists of registered voters required for use on Election Day and for the early voting period required by law. May 5, 2018 Joint General Election — City of Anna & AISD O1/30/18 — Page 4 d. The Contracting Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. Equipment includes the rental of voting machines, ADA compliance headphones and keypads (1 per site), transfer cases, voting signs and election supply cabinets. 2. Supplies include smart cards, sample ballots, provisional forms, maps, labels, pens, tape, markers, etc. C. The Contracting Officer, Bruce Sherbet, shall be appointed the Early Voting Clerk by the City and the School District. a. The Contracting Officer shall supervise and conduct Early Voting by mail and in person and shall secure personnel to serve as Early Voting Deputies. b. Early Voting by personal appearance for the City and School District's May 5, 2018, Joint General Election shall be conducted during the time period and at the locations listed in Exhibit "A", attached and incorporated by reference into this contract. All applications for an Early Voting mail ballot shall be received and processed by the Collin County Elections Administration Office, 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. 1. Application for mail ballots erroneously mailed to the City or School District shall immediately be faxed to the Contracting Officer for timely processing. The original application shall then be forwarded to the Contracting Officer for proper retention. 2. All Federal Post Card Applicants (FPCA) will be sent a mail ballot. No postage is required. May 5, 2018 Joint General Election — City of Anna & AISD 01/30/18 —Page 5 d. All Early Voting ballots (those cast by mail and those cast by personal appearance) shall be prepared for count by the Early Voting Ballot Board in accordance with Section 87.000 of the Texas Election Code. The presiding judge of this Board shall be appointed by the Contracting Officer. D. The Contracting Officer shall arrange for the use of all Election Day Vote Centers. The City and School District shall assume the responsibility of remitting the cost of all employee services required to provide access, provide security or provide custodial services for the Vote Centers. The Election Day Vote Centers are listed in Exhibit `B", attached and incorporated by reference into this contract. E. The Contracting Officer shall be responsible for establishing and operating the Central Counting Station to receive and tabulate the voted ballots in accordance with Section 127.001 of the Election Code and of this agreement. Counting Station Manager and Central Count Judge shall be Bruce Sherbet. The Tabulation Supervisor shall be Patty Seals. a. The Tabulation Supervisor shall prepare, test and run the county's tabulation system in accordance with statutory requirements and county policies, under the auspices of the Contracting Officer. b. The Public Logic and Accuracy Test of the electronic voting system shall be conducted. C. Election night reports will be available to the City and School District at the Central Counting Station on election night. Provisional ballots will be tabulated after election night in accordance with law. d. The Contracting Officer shall prepare the unofficial canvass report after all precincts have been counted, and will provide a copy of the unofficial canvass to the City and School District as soon as possible after all returns have been tallied. e. The Contracting Officer shall be appointed the custodian of the voted ballots and shall retain all election material for a period of 22 months. May 5, 2018 Joint General Election — City of Anna & AISD 01/30/18 —Page 6 Pending no litigation and as prescribed by law, the voted ballots shall be shredded 22 months after the election. 2. The City and School District can obtain the list of registered voters from the Elections Administration Office after this retention period. Pending no litigation and if the City or School District does not request the lists, the Contracting Officer shall destroy them. f. The Contracting Officer shall conduct a manual count as prescribed by Section 127.201 of the Texas Election Code and submit a written report to the City and School District in a timely manner. The Secretary of State may waive this requirement. If applicable, a written report shall be submitted to the Secretary of State as required by Section 127.201(E) of the aforementioned code. II. DUTIES AND SERVICES OF THE CITY AND SCHOOL DISTRICT. The City and School District shall assume the following responsibilities: A. The City and School District shall prepare the election orders, resolutions, notices, official canvass and other pertinent documents for adoption by the appropriate office or body. The City and School District assumes the responsibility of posting all notices and likewise promoting the schedules for Early Voting and Election Day. B. The City and School District shall provide the Contracting Officer with an updated map and street index of their jurisdiction in an electronic (shape file preferred) or printed format as soon as possible but no later than Friday, March 2, 2018. C. The City and School District shall procure and provide the Contracting Officer with the ballot layout and Spanish interpretation in an electronic format. a. The City and School District shall deliver to the Contracting Officer as soon as possible, but no later than 5:00 PM Wednesday, February 21, 2018, the official wording for the City and School District's May 5, 2018, Joint General Election. May 5, 2018 Joint General Election — City of Anna & AISD 01/30/18 —Page 7 b. The City and School District shall approve the "blue line" ballot format prior to the final printing. D. The City and School District shall post the publication of election notice by the proper methods with the proper media. E. The City and School District shall compensate the Contracting Officer for any additional verified cost incurred in the process of running this election or for a manual count this election may require, consistent with charges and hourly rates shown on Exhibit "C" for required services. F. The City and School District shall pay the Contracting Officer 90% of the estimated cost to run the said election prior to Friday, April 6, 2018. The Contracting Officer shall place the funds in a "contract fund" as prescribed by Section 3 1. 100 of the Texas Election Code. The Deposit should be delivered within the mandatory time frame to: Collin County Treasury 2300 Bloomdale Rd. #3138 McKinney, Texas 75071 Made payable to: "Collin County Treasury" with the note "for election services" included with check documentation. G. The City and School District shall pay the cost of conducting said election, less partial payment, including the 10% administrative fee, pursuant to the Texas Election Code, Section 31.100, within 30 days from the date of final billing. III. COST OF SERVICES. See Exhibit "C." IV. GENERAL PROVISIONS. A. Nothing contained in this contract shall authorize or permit a change in the officer with whom or the place at which any document or record relating to the City and School District's May 5, 2018, Joint General Election is to be filed or the place at which any function is to be carried out, or any nontransferable functions specified under Section 31.096 of the Texas Election Code. May 5, 2018 Joint General Election — City of Anna & AISD 01/30/18 —Page 8 B. Upon request, the Contracting Officer will provide copies of all invoices and other charges received in the process of running said election for the City and School District. C. If the City and/or School District cancel their election pursuant to Section 2.053 of the Texas Election Code, the Contracting Officer shall be paid a contract preparation fee of $75. An entity canceling an election will not be liable for any further costs incurred by the Contracting Officer in conducting the May 5, 2018, Joint General Election. All actual shared cost incurred in the conduct of the election will be divided by the actual number of entities contracting with the Contracting Officer and holding a May 5, 2018, Joint General Election. D. The Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of Collin County, Texas. WITNESS BY MY HAND THIS THE DAY OF WITNESS BY MY HAND THIS THE Bill Shipp, Interim City Manager City of Anna WITNESS BY MY HAND THIS THE Larry Johnson, Superintendent Anna ISD Bruce Sherbet Collin County, Texas 2018. DAY OF 2018. Attest: Carrie Smith, City Secretary City of Anna DAY OF 2018. Attest: Heather Mackey, Secretary Anna ISD May 5, 2018 Joint General Election — City of Anna & AISD 01/30/18 —Page 9 Exhibit "A" MAY 59 2018 JOINT GENERAL ELECTION Early Voting Locations and Hours City of Anna & AISD* Polling Place Address City Collin County Election Office 2010 Redbud Blvd., #102 McKinney (Main Early Voting Location) Anna City Hall 111 N. Powell Parkway Anna Sunday Monday Tuesda Wednesday Thursday Friday Saturday April22 April23 April24 April25 April26 April 27 April28 Sam — 5pm 8am — 5pm 8am — 5pm 8am - 7pm Sam - 5pm Sam - 5pm April 29 April 30 May I May 2 May 3 May 4 May 5 lam — 7pm lam — 7pm lam — 7pm Election Da * City and School District voters may vote at any of the additional Early Voting locations open under full contract services with the Collin County Elections Administration. May 5, 2018 Joint General Election — City of Anna & AISD 01/30/18 —Page 10 Exhibit "B" MAY 512018 JOINT GENERAL ELECTION Election Day Vote Centers — City of Anna & AISD* Precincts Location Address city "VOTE CENTER" Anna City Hall I I I N. Powell Parkway Anna *City and School District voters may vote at any of the additional Election Day Vote Centers open under full contract services with the Collin County Elections Administration. May 5, 2018 Joint General Election — City of Anna & AISD 01/30/18 —Page 11 May 5, 2018 Exhibit "C" SUPPLY COST Number of Early Voting Locations 1 Number of Election Day Locations 1 Sample Ballots $0.1866 each Early Voting Mail Ballots $1.20 each Early voting and election day kits $25.00 each Central Counting kit and supplies $50.00 each County Precinct Maps $12.00 each Printer Labels $5.27 each Total Number of Entities Sharing Costs SubTotal Grand Total $87.87 EQUIPMENT RENTAL COST Number of Early Voting Locations 1 Number of Election Day Locations 1 Voting Machines (7's) $150.00 each Transfer Cases $5.00 each Metal Signs $1.00 each Wood Signs $2.00 each EV Security Cabinets $200.00 each EV Computer Cabinet $50.00 each ED Security Cabinets $200.00 each EV/ED Cabinet Drayage $260.00 each Total Number of Entities Sharing Costs SubTotal Grand Total $1,094.00 ESTIMATED COSTS FOR CITY OF ANNA Units Cost ACTY Units Cost ACTY/AISD 0 $0.00 100 $18.66 0 $0.00 10 $12.00 0 $0.00 2 $50.00 0 $0.00 1 $50.00 0 $0.00 2 $24.00 0 $0.00 4 $21.08 $0.00 $175.74 1 2 $0.00 $87.87 Units Cost ACTY Units Cost ACTY/AISD 0 $0.00 8 $1,200.00 0 $0.00 2 $10.00 0 $0.00 4 $4.00 0 $0.00 2 $4.00 0 $0.00 1 $200.00 0 $0.00 1 $50.00 0 $0.00 1 $200.00 0 $0.00 2 $520.00 $0.00 $2,188.00 1 2 $0.00 $1,094.00 EARLY VOTING Number of Early Voting Locations Workers each location 1 3 Mailed Ballot Kits $1.00 each Postage for Ballots $0.88 each Assemble EV Location $50.00 each Total Judge Hours $12.00 hour Overtime Judge Hours $18.00 hour Total Alt. Judge & Clerk Hours $10.00 hour Overtime Alt. Judge & Clerk Hours $15.00 hour Pickup & Delivery of Supplies $25.00 each Total Number of Entities Sharing Costs SubTotal Grand Total $1,575.90 ELECTION DAY Number of Election Day Locations Workers each location Total Judge Hours $12.00 hour Total Alt. Judge & Clerk Hours $10.00 hour Pickup & Delivery of Supplies $25.00 each Total Number of Entities Sharing Costs SubTotal Grand Total $236.50 ADMINISTRATIVE EXPENSES Number of Early Voting Locations Number of Election Day Locations Manual Recount Deposit $60.00 each Process Pollworker Checks $1.50 each Process Election Judge Notices $1.50 each Total Number of Entities Sharing Costs SubTotal Grand Total $36.00 Units 0 0 0 0 0 0 0 0 Cost ACTY I Units Cost ACTY/AISD $0.00 10 $10.00 $0.00 10 $8.80 $0.00 1 $50.00 $0.00 65 $780.00 $0.00 21 $378.00 $0.00 130 $1,300.00 $0.00 40 $600.00 $0.00 1 $25.00 $0.00 $3,151.80 1 2 $0.00 $1,575.90 1 3 Units Cost ACTY Units Cost ACTY/AISD 0 $0.00 14 $168.00 0 $0.00 28 $280.00 0 $0.00 1 $25.00 $0.00 $473.00 1 2 $0.00 $236.50 1 1 Units Cost ACTY Units Cost ACTY/AISD 0 $0.00 1 $60.00 0 $0.00 4 $6.00 0 $0.00 4 $6.00 $0.00 $72.00 1 2 $0.00 $36.00 TABULATION Tabulation Network $4,000.00 Election Night Vendor Support $1,800.00 Notice of Inspection/Tabulation Test $1,500.00 Total $7,300.00 Number of Entities 30 Total $243.33 PROGRAMMING Dominion Project Management $2,500.00 Full Service Programming w/Audio $18,000.00 Total $20,500.00 Number of Entities 30 Total $683.33 CENTRALIZED COSTS Early Voting Ballot Board $1,250.00 Cost for Central Count Workers $1,400.00 FICA on Election Workers $10,000.00 Assemble EV Location $50.00 Early Voting Machines in McKinney (6) $1,100.00 Early Voting Personnel in McKinney $4,500.00 Warehouse Gas Mileage $1,400.00 County Overtime and Temporaries $50,000.00 FICA for County Employees $1,250.00 Total $70,950.00 Full Service Jurisdictions - 547,737 voters City of Anna - 6,527 1.19 % of Total = $844.31 Anna ISO - 8,537 1.55 % of Total = $1,099.73 Nevada WSC-1,093 Flat Fee -$125.00 Collin County MUD #1 - TBD Flat Fee - $125.00 SUMMARY OF COSTS FOR CITY OF ANNA SUPPLY COST EQUIPMENT RENTAL COST EARLY VOTING ELECTION DAY ADMINISTRATIVE EXPENSES TABULATION/PROGRAMMING COSTS CENTRALIZED COSTS Total 10% Administrative Fee Grand Total $87.87 $1,094.00 $1,575.90 $236.50 $36.00 $926.66 $844.31 $4,801.24 $480.12 $5,281.36 90% Deposit due by 4/06/18 $4,753.23 JOINT ELECTION AGREEMENT between The City Council of the City of Anna (the City), the Board of Trustees of the Anna Independent School District (AISD), known as (the School), and the Board of Trustees of Collin College District (the College). BY THE TERMS OF THIS AGREEMENT, the City, the School and the College, do hereby agree, pursuant to the provisions of the Texas Election Code, to hold a joint election for the General Election and Special Election should it be called, of the City and the General Election and Special Election should it be called, of the School District and the College to be held on Saturday, May 5, 2018. The entities have contracted with the Collin County Elections Administrator (Election Administrator) to perform various duties and responsibilities on their behalf. The City, AISD and the College shall share equally in shared expenses applicable for the Early Voting location and Election Day Vote Center at the Anna City Hall Administration Building. Expenses include polling location costs, election officials, supplies, ballots and any other and all necessary expenses for the election upon receipt of satisfactory billing and invoices reflecting the total of such election. Tabulation and centralized costs shall be shared equally between the number of entities holding an election on May 5, 2018. An entity canceling an election pursuant to Section 2.053 of the Texas Election Code will not be liable for costs incurred by the Elections Administrator in conducting the May 5, 2018, Joint General & Special Election of the City, the School District and the College; they will be liable only for the contract preparation fee of $75.00. APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS in its meeting held the day of , 2018, and executed by its authorized representative. By: Attest: Bill Shipp, Interim City Manager Carrie Smith, City Secretary City of Anna City of Anna May 5, 2018 Joint General Election — City of Anna & AISD 02/06/2017 — Page 1 APPROVED BY THE BOARD OF TRUSTEES OF THE ANNA INDEPENDENT SCHOOL DISTRICT in its meeting held the day of 2018, and executed by its authorized representative. Superintendent Anna Independent School District Attest: Heather Mackey, Secretary Anna Independent School District May 5, 2018 Joint General Election — City of Anna & AISD 02/06/2017 — Page 2 THE CITY OF AiAtia AGENDA ITEM: Item No. 12. City Council Agenda Staff Report Meeting Date: 2/13/2018 Consider/Discuss/Action on an extension of the Hurricane Creek Subdivision Improvement Agreement. (Maurice Schwanke) SUMMARY: After lengthy discussion and work the City Council approved the Villages of Hurricane Creek Subdivision Improvement Agreement with an effective on March 11th, 2015. The agreement replaced an existing agreement and the land use entitlements were changed. Within the agreement the Developer and the City had several Obligations that would have needed to occur. The developer will not be able to meet their obligations by the expiration of the agreement. As such, the developer is proposing to extend the agreement for a two year period With some minor agreement changes. The staff would like to have 60 days to relook at the agreement and come back with recommendations for the Council to consider. STAFF RECOMMENDATION: Approval of a Resolution extending the Villages of Hurricane Creek Subdivision Agreement for 60 from the date of approval of this Resolution. ATTACHMENTS: Description Upload Date Type Resolution Approving an Extension to The VHC 2/8/2018 Resolution Agreement CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS, TEMPORARILY EXTENDING THE VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT WHEREAS, the City of Anna, Texas (the "City") and Villages of Hurricane Creek, LP, a Texas limited partnership entered into that certain Villages of Hurricane Creek Subdivision Improvement Agreement (the "Agreement") to address the development of an approximately 368.2-acre tract of land known as the Villages of Hurricane Creek; and, WHEREAS, the Agreement established certain respective deadlines to be met by the City and by Developer; and, WHEREAS, the Developer has informed the City that it will be unable to meet certain of its deadlines; and, WHEREAS, the City desires to enter into discussions with the Developer to extend certain deadlines and potentially modify other provisions of the Agreement; and, WHEREAS, the City recognizes that some period of time will be necessary for said discussions to occur to allow for the potential of modification to the Agreement by mutual assent; and, WHEREAS, the City desires that there be an extension and period of time to review potential modifications and to make a recommendation to the City Council that would be in the best interests of the citizens of Anna; 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 Agreement Extension. The City Council hereby approves a temporary extension of the Agreement with respect to all deadlines and performance obligations for a period of up to 60 days beginning on the date of approval of this resolution. Further, the City Council authorizes the City Manager to extend said 60-day period in writing for an additional 30 days if deemed necessary in his or her discretion. Without further action by the City Council, the temporary extension granted under this resolution shall not extend beyond the 60t" day (or the 90t" day in the event the City Manager further extends as set forth above) after the approval of this resolution. The extension(s) granted under this resolution are temporary only. Upon the expiration of said temporary extension(s), the Agreement will not be deemed to have been amended in any respect unless the City and Developer formally amend the Agreement before the expiration of said temporary extension(s). Any such amendment to the Agreement must be in writing and duly approved and executed by the City and the Developer. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 13t" day of February 2018. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike THE CITY OF Anna AGENDA ITEM: Item No. 13. City Council Agenda Staff Report Meeting Date: 2/13/2018 Consider/Discuss/Action on a Resolution Directing Publication of Notice of Intention to issue Certificate of Obligation (Dana Thornhill) SUMMARY: Pursuant to the City's Strategic Plan Goal to Upgrade City Facilities and Infrastructure, it is the intent of the City to issue Certificates of Obligations for a City Hall which will include the Council Chambers, Police Station, Municipal Court, and other City departments, as well as a stand-alone Fire Station. The issuance of these bonds would have no tax rate impact. In addition, in pursuant to this Strategic Plan Goal to Build Transportation Infrastructure, it is also the Intent of the City to issue Certificate of Obligations for street improvements throughout the City. These bonds would have no tax rate impact as well. In the event any funds are remaining, once these projects are completed, the City will use the remaining bond funds for the purchase of a fire apparatus and information technology equipment, software, and related infrastructure. Hilltop Securities (formerly known as First Southwest), the City's Financial Advisors, will provide a brief presentation as it relates to the issuance of tax-exempt Certificate of Obligation Bonds. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution Directing Notice of Intent to issue certificates of obligations. ATTACHMENTS: Description Upload Date Type Resolution Directing Notice of Intent 2/8/2018 Staff Report 1=TQ*WY[*)►WGID I :110mal DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION; AND RESOLVING OTHER MATTERS RELATING TO THE SUBJECT THE STATE OF TEXAS § COUNTY OF COLLIN § CITY OF ANNA § WHEREAS, this City Council deems it advisable to give notice of intention to issue certificates of obligation of the City of Anna Texas (the "City"), as hereinafter provided; WHEREAS, the City expects to pay, or have paid on its behalf, expenditures in connection with the design, planning, acquisition and construction of the projects described on Exhibit A hereto (the "Projects") prior to the issuance of tax-exempt obligations for which a prior expression of intent to finance or refinance is required by federal or state law (collectively and individually, the "Obligations") to finance the Projects; WHEREAS, the City finds, considers, and declares that the reimbursement for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention to reimburse itself for such payments at such time as it issues Obligations to finance the Projects; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was passed, was open to the public and public notice of the time, place, and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: 1. Attached hereto is a form of the Notice of Intention to issue Combination Tax and Revenue Certificates of Obligation, the form and substance of which is hereby adopted and approved. 2. The City Secretary shall cause said notice to be published in substantially the form attached hereto, in a newspaper, as defined by Subchapter C, Chapter 2051, Texas Government Code, of general circulation in the area of said City, once a week for two consecutive weeks, the date of the first publication thereof to be at least 30 days prior to the date tentatively set for the adoption of the ordinance authorizing the issuance of such Obligations as shown in said notice. 3. All costs to be reimbursed pursuant hereto will be capital expenditures. No Obligations will be issued by the City in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. 4. The foregoing notwithstanding, no Obligation will be issued pursuant to this statement more than three years after the date any expenditure which is to be reimbursed is paid. 5. This Resolution shall become effective immediately upon adoption. APPROVED AND ADOPTED this February 13, 2018 ATTEST: Carrie Smith, City Secretary Nate Pike, Mayor [CITY SEAL] RESOLUTION NO. 2018-02-13 CITY OF ANNA, TEXAS CITY OF ANNA, TEXAS NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of the City of Anna, Texas, at its meeting to commence at 7:30 P.M. on April 10, 2018 at its regular meeting place in the City Hall Administration Building, 111 North Powell Parkway, Anna, Texas, tentatively proposes to adopt an ordinance authorizing the issuance of interest bearing certificates of obligation, in one or more series, in an amount not to exceed $31,500,000 for paying all or a portion of the City's contractual obligations incurred in connection with (i) acquiring, constructing and equipping of a new Municipal Complex which will consist of a new City Hall (including municipal offices, city council chambers, municipal court facilities, and police station) and fire station (including temporary facilities pending such construction), including the acquisition of land and interests in land as necessary therefor; (ii) constructing, reconstructing and improving streets, roads, sidewalks and alleys, including bridges and intersections, street overlay, landscaping, lighting, signalization, traffic safety and operational improvements, culverts and related storm drainage and utility relocation, and the acquisition of land and interests in land as necessary therefor; and (iii) paying legal, fiscal, architectural and engineering fees in connection with these projects, with any surplus proceeds to be used for (iv) information technology equipment, software and related infrastructure, implementation and planning needs; and (v) acquiring and equipping vehicles for the fire department. The City proposes to provide for the payment of such certificates of obligation from the levy and collection of ad valorem taxes in the City as provided by law and from a pledge of surplus revenues of the City's waterworks and sewer system, remaining after payment of all operation and maintenance expenses thereof, and all debt service, reserve, and other requirements in connection with all of the City's revenue bonds or other obligations (now or hereafter outstanding), which are payable from all or any part of the net revenues of the City's waterworks and sewer system. The certificates of obligation are to be issued, and this notice is given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271. CITY OF ANNA, TEXAS