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HomeMy WebLinkAbout2019-08-27 Work Session & Regular Meeting PacketTHE CITY 0, 1%nna AGENDA City Council Work Session Tuesday, August 27, 2019 @ 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 August 27, 2019, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum 2. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Legal review and consultation regarding City Home Rule Charter provisions, hiring and personnel policies and practices and related matters. Impact fee and development fee issues. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); City facilities; acquisition of easements. c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. Incentive agreements and related proposals. 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. (If there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 4. 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 August 23, 2019.. 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 AAAa Tuesday, August 27, 2019 @ 7:00 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 7:00 PM, on August 27, 2019, 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. a. Battle of the Badges Blood Drive Recognition by Greater Anna Chamber of Commerce. (GACC) 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve Council Meeting minutes for August 13, 2019. (City Secretary Carrie Smith) b. Approve a Resolution Authorizing Representation in I RS Matter and Delegating Authority (Finance Director Dana Thornhill) c. Approve a Resolution approving a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp. (City Manager Jim Proce) d. Approve a Resolution for a special event permit to Pam Carroll with Camp Gladiator for a Taco Trot Fun Run on September 7, 2019. (Ashley Stathatos) e. Approve a Resolution authorizing a special event permit to Nate Goodell for the Emmitt Smith Gran Fondo cycling event on September 14, 2019. (Ashley Stathatos) 6. Consider/Discuss/Action on a Resolution Amending the Dates and Times for the Public Hearing on the Tax Rate (Finance Director Dana Thornhill) 7. Consider/Discuss/Action on a Resolution of approving and authorizing the City Manager to Execute an Agreement with Birkhoff, Hendricks & Carter LLP for preliminary and final engineering services for Capital Sewer Expansion. (Public Works Director Greg Peters) 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 t h e 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). Legal review and consultation regarding City Home Rule Charter provisions, hiring and personnel policies and practices and related matters. Impact fee and development fee issues. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072) c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. Incentive agreements and related proposals. 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. 9. 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). 10. 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 August 23, 2019 Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. THE CITY OF AiAtia AGENDA ITEM: Item No. 5.a. City Council Agenda Staff Report Meeting Date: 8/27/2019 Approve Council Meeting minutes for August 13, 2019. (City Secretary Carrie Smith) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Minutes 8/21 /2019 Exhibit ANNA CITY COUNCIL MINUTES WORK SESSION August 13, 2019 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. Call to Order, Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 6:30 p.m. All 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). b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); city facilities; acquisition of easements C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. Council Member Miller moved to enter closed session. Council Member Toten seconded. Motion carried 7-0. Mayor Pike recessed the meeting at 6:36 p.m. Mayor Pike reconvened the meeting at 7:30 p.m. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 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. None. 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 7:30 p.m. Approved on the August 27, 2019. Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith ANNA CITYCOUNCIL MINUTES REGULAR SESSION August 13, 2019 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 7:30 p.m. All members were present. 2. Invocation and Pledge of Allegiance. Mayor Pike led the invocation and pledge. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the IllL!L 2 Christine Lewis - Code enforcement Bill Morgan - Opposed to tax rate Erin Thompson - Sherley Park and progress 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 goveming 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. The City is seeking volunteer's to help with constructing the playground equipment at Historical Sherley Park August 19th through the 23rd. 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 Agenda Items g., h., and n. were removed from consent for individual action. a. Approve the City Council Minutes for the July 23rd and 25th meetings. (Carrie Smith) b. Review CDC Minutes from the July 11, 2019 Special Called Meeting. (Joey Grisham) c. Review CDC Minutes for the July 11, 2019 Special Called meeting. (Joey Grisham) d. Review minutes of the July 1, 2019 Planning and Zoning Meeting. e. Review minutes of the July 1, 2019 Planning and Zoning Special Meeting. f. Review Quarterly Investment Report (Dana Thornhill) 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 report includes the following: • Review of the City's holdings • Comparison of book vs. market value • Allocation information • Other information related to the P F I A The City's portfolio as of quarter ending June 30, 2019 earned an average yield of 2.40% and a year to date average yield of 2.34%. The total year to date interest earnings are $918,854. g. Approve a Resolution naming the date and place of a public hearing on the FY 2019-2020 budget. (Dana Thornhill) Section 7.02 of the City Charter states that on or before the 15th day of August of the fiscal year, the City Manager must submit to the City Council a budget for the ensuing fiscal year; and at the Council meeting when the budget is submitted, the City Council must name the date and place of the public hearing on the budget. A RESOLUTION OF THE CITY OF ANNA, TEXAS, NAMING THE DATE AND PLACE OF A PUBLIC HEARING ON THE FY 2019-2020 BUDGET. Mayor Pike announced the public hearing will be held 9/3 at 6:30 p.m. at City Hall Council Chambers. MOTION: Mayor Pike moved to approve. Council Member Miller seconded. Motion carried 7-0. h. Approve a Resolution setting the maximum tax rate that the Council may adopt for the 2019 tax year and setting dates and times for public hearings on the tax rate. (Dana Thornhill) Each year after properties are appraised by the Collin County Appraisal District the Collin County Tax Office calculates both the effective tax rate and the rollback tax rate for the City of Anna as part of the service to collect taxes for the City. The following definitions are provided from the Texas Comptroller's Office: Effective tax rate: The effective tax rate is a calculated rate that would provide the taxing unit with about the same amount of revenue it received in the year before on properties taxed in both years. If property values rise, the effective tax rate will go down and vice versa. Rollback tax rate: The rollback rate provides the taxing unit with about the same amount of tax revenue it spent the previous year for day-to-day operations, plus an extra 8 percent increase for those operations, in addition to sufficient funds to pay debts in the coming year. If a taxing unit adopts a tax rate higher than the rollback rate, voters in the taxing unit can circulate a petition calling for an election to limit the size of the tax increase. The proposed budget is supported by a tax rate of $0.591288 which is equivalent to the current tax rate. Since the tax rate recommended to fund the proposed budget exceeds the effective tax rate, the Council must give notice of its intent to consider an "increase" in taxes and set the times and places for the two required public hearings. The following table is a comparison between the proposed tax rate, last year's rate, the effective rate and roll -back rate. Proposed FY2019 Tax Rate $0.591288 per $100 Preceding FY2018 Tax Rate $0.591288 per $100 Effective Tax Rate $0.537068 per $100 Rollback Tax Rate $0.559740 per $100 The effective tax rate is lower than the current rate because the value of properties taxed in both years has increased. Approval of the attached Resolution would set $0.591288 as the maximum rate the Council will consider after the required public hearings. The Council may adopt any rate lower than the rate voted on tonight, but not higher. The Resolution also calls for the public hearings to be held on August 27th at 7:30 P.M. and on September 3rd at 6:30 P.M. The public hearing notice will run in the Anna Melissa Tribune on August 15th. The budget and tax rate are scheduled for adoption at the September 10th Council meeting. Since the proposed tax rate is higher than the effective rate, section 26.05 of the Texas Tax Code requires a minimum of 60% of the Council members to vote in favor of that rate. That would require at least 5 Council members to vote in favor of the proposed tax rate. Mayor Pike announced the public hearings will be held August 27th and September 3rd. A RESOLUTION OF THE CITY OF ANNA, TEXAS NAMING THE MAXIMUM TAX RATE THE COUNCIL MAYADOPT FOR THE 2019 TAX YEAR AND SETTING THE DATES AND TIMES FOR PUBLIC HEARINGS ON THE TAX RATE MOTION: Council Member Beazley moved to approve. Council Member Vollmer seconded. Motion carried 7-0. Approve a Resolution Authorizing the City Manager To Sign An Agreement With Lexipol to Provide the Police Department with Policy Management Software. (Chief Caponera) Lexipol provides law enforcement agencies with state -specific policy and training solutions that reduce risk, lower litigation costs and improve personnel safety in public safety agencies. This policy management, update and training solution enhances our ability to provide quality law enforcement services to our neighbors through the development and implementation of sound and legally defensible policies and procedures. Lexipol boasts that it is the only company of its kind that has a mixture of public safety professionals, attorneys and subject matter experts on staff working to ensure all policies follow best practices and are legally defensible. As part of the City's Strategic Plan, the police department committed to completing the review and update of the policy and procedure manual by December 31, 2019. Using the software solution from Lexipol will help us achieve this goal and will set the department up to begin the process to become a recognized agency through the Texas Police Chiefs Association Best Practices Recognition program. Deploying this software solution will streamline our policy making process and even enhance staff's knowledge of the policies through the use of the training component. This web -based platform is available through mobile apps that officers can download on their smartphones or tablets and have readily accessible in the field. Once implemented, Lexipol's legal team will send regular updates to policies as legislation and judicial changes emerge. The annual cost of this solution is $9,611. After the first year, we will need to account for the cost in future budgets, assuming seizure funds cannot carry the cost moving forward. This would be addressed as a supplemental request in the FY19/20 budget. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF ANNA AND LEXIPOL, LLC A DELAWARE LIMITED LIABILITY COMPANY ("LEXIPOL") FOR THE USE OF SOFTWAREAND SUBSCRIPTION MATERIAL. Approve a Resolution Authorizing the City Manager to Extend the ILA Between the Police Department and the Collin County Sheriff's Office for Child Abuse Task Force Services. (Chief Caponera) Since 2010, the Police Department has paid to be a member of Collin County Child Abuse Task Force, which provides investigators who have specialized training and expertise to assist with all crimes against children investigations. Working in conjunction with our Child Abuse/Family Violence Investigator, the police department has access to a plethora of services provided by the Collin County Child Advocacy Center. The term of our existing contract expires on September 30, 2019. This extension is good until September 30, 2023. The annual cost for our participation in this Task Force is a nominal $7,500. Continuing our partnership in this task force will ensure our residents receive the highest quality law enforcement services possible. This partnership is in alignment with Goal #3, Objective 7 of the City's Strategic Plan - Have strong partnerships with the City, the schools and community organizations. A RESOLUTION OF THE CITY OF ANNA, TEXAS EXTENDING AN INTERLOCAL AGREEMENT FOR CHILD ABUSE TASKFORCE SERVICES BETWEEN THE CITY OF ANNA AND COLLIN COUNTY, TEXAS. k. Approve a Resolution approving the Jeffrey Jones Development Plat. (Ashley Strathatos) The development plat for review is located within Anna's extra territorial jurisdiction and is specifically located at 2590 Brynlee James Ln, off of County Road 479. The tract is in the G. W. Daniels Survey, Abstract No. 289 and contains 17.911 acres of land. The owner is proposing to put a new home and shop on the property. The submittal meets the City of Anna development plat requirements. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE JEFFREYJONES DEVELOPMENT PLAT Approve a Resolution approving the K. Adams Addition Development Plat. (Ashley Strathatos) The development plat for review is located within Anna's extra territorial jurisdiction and is located at the Southwest corner of County Road 429 and County Road 478. The tract is in the M.R. Roberts Survey, Abstract No. 742 and contains 8.211 acres of land. The owner is proposing to put four RV Storage buildings on the property. The submittal meets the City of Anna development plat requirements. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE K. ADAMS ADDITION DEVELOPMENT PLAT m. Approve a Resolution approving the Padilla Development Plat. (Ashley Strathatos) The development plat for review is located within Anna's extra territorial jurisdiction and is located off of County Road 479. The tract is in the G.W. Daniels Survey, Abstract No. 289 and contains 5.00 acres of land. The owner is proposing to put a new home and garage on the property. The submittal meets the City of Anna development plat requirements. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE PADILLA DEVELOPMENT PLAT n. Approve a Resolution approving the Shadowbend Phase 1 and 2 Preliminary Plat. (Ashley Strathatos) The Shadowbend Phase 1 and 2 preliminary plat contains 138.8 acres located in the J C Brantley Survey, Abstract No. 114. This tract is located on the Northeast corner of Rosamond Pkwy and Highway 5. The preliminary plat is for 465 residential lots, 23 open space lots, 1 future retail tract, and one future tract to be platted later. The tract of land is zoned as a mixed use Planned Development allowing for C-1 uses on the approved Retail and Commercial areas and Single Family Residential Homes with minimum lot sizes of 6000 SF, 7200 SF, and 8400 SF. Any remaining utility and drainage comments will be addressed with the Civil Plans. Two additional notes were added after a motion by the Planning and Zoning Commission. One to assure connectivity to the City of Anna's trail system and the other to ensure that the lots are approved subject to the detention to ensure proper detention is achieved throughout both phases. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT OF SHADOWBEND PHASE 1 &2. MOTION: Council Member Miller moved to approve. Council Member Tote seconded. Motion carried 7-0. o. Approve a Resolution approving the Travis Development Plat. (Ashley Strathatos) The development plat for review is located within Anna's extra territorial jurisdiction and is specifically located at 2508 Brynlee James Ln, off of County Road 479. The tract is in the G.W. Daniels Survey, Abstract No. 289 and contains 6.00 acres of land. The owner is proposing to put a new home on the property. The submittal meets the City of Anna development plat requirements. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE TRAVIS DEVELOPMENT PLAT p. Approve a Resolution Supporting Application for Safe Routes to School (SRTS) Funding. (Greg Peters) At the March 12, 2019, City Council Meeting, former Public Works Director Joseph Johnson presented to Council for discussion a grant funding opportunity through the Texas Department of Transportation's Safe Routes to School grant program. The Texas Department of Transportation (TxDOT) has announced an upcoming call for projects for bicycle and pedestrian infrastructure. The Safe Routes to School ( SRTS) program is administered by TxDOT and provides funds to design and construct bikeway and pedestrian projects located within 2 miles of K-8 schools. TxDOT has $ 8.7 million available and City matching funds are not required. Staff will be submitting an application for projects that complete missing sidewalk segments near Anna Middle School and Sue Rattan Elementary. A resolution from the City Council supporting application for grant funding is required as part of the final application packet. A RESOLUTION SUPPORTING THE CITY OF ANNA, TEXAS' APPLICATION TO THE TEXAS DEPARTMENT OF TRANSPORTATION'S 2019 TRANSPORTATION ALTERNATIVES SET -ASIDE (TASA)/SAFE ROUTES TO SCHOOL -INFRASTRUCTURE (SRTS) CALL FOR PROJECTS MOTI ON Council Member Beazley moved to approve Consent Agenda items, a., b., c., d., e., f., i., j., k., I., m., o., and p. Council Member Bryan seconded. Motion carried 7-0. 6. Presentation of the proposed FY 2019-2020 Budget. (Dana Thornhill) Section 7.02 of the City Charter states that on or before the 15th day of August of the fiscal year, the City Manager must submit to the City Council a budget for the ensuing fiscal year. Staff will provide a brief presentation of the proposed FY 2019- 2020 Budget. A hard copy of the draft budget will be provided to each City Council member for review. A copy of the draft budget will be posted on the City's website on August 15th. 7. Consider/Discuss/Action approving a Resolution approving a Development Agreement with Bloomfield Homes to make improvements to Lakeview Park. (Ashley Stathatos) Bloomfield homes would like to make improvements to Lakeview Park in return for Park Credits. The improvements being proposed include the following: I rrigation $130,560; 10 Trees (3") $2,500, Hydro Mulch $2,000; Bermuda Sod $73,000; Grading/Spraying weeds for New Grass Area $12,000; Playground (Installation, Material, Wood Fiber) $160,000; Concrete Edge for Playground $12,000; and a 4 foot Tall Fence by the Playground (approx. 200 LF) $3,800; a Pavilion with engineered drawings and install (24x24) $36,000; Pavilion concrete pad (24' x 24') $4,500; Additional 8' wide Hike and Bike Trail (1,250 LF) $76,375; Restroom $105,000; 4 Pet Stations $3,000; a Water Fountain/Pet Fountain $4,500; 3 Trash Receptacles $2,700; a Retaining Wall along the parking lot $3,500, a Head Wall along the pond $25,000, Lake Dredging $40,000 and funds for Contingency $27,364. For a total of $723,799. To date, a parking lot, restrooms, retaining wall, sidewalk & trails, grading and several minor components stated herein have already been built or provided by Bloomfield with the understanding that these would be handled through Park credits. Bloomfield has requested to complete the agreement enabling the remaining components to be constructed which include the improvements noted above. At the Council meeting on June 11, 2019, the City Council did not approve the item brought before them, which included Lakeview Park and Slayter Creek Park (partially located in West Crossing). There were questions from the public during public comment with regard to Slater Creek Park improvements and the placement of a playground, which is unrelated to the Lakeview improvements. The developer, Bloomfield, had previously received approval from prior staff to proceed with several of these items in Lakeview, so several of the items in Lakeview were already constructed and in place in exchange for the Parks development fee credits. When the item for both items previously tied together failed, the developer followed up by having a series town hall meetings in the neighborhoods to discuss the improvements and the community expectations for delivery of these amenities promised to these communities. Staff attended these meetings to observe and answer any City related questions but did not do a formal presentation. The consensus from the neighborhoods was approval of the Lakeview Estate improvements should move forward. The improvements in West Crossing which are not related to this item before you currently were split and will be addressed at a future meeting as these items are still being determined. At their July meeting, the Parks Board reviewed the two items (Lakeview and Slayter Creek) and recommended the remaining improvements be completed and be brought before Council for recommended approval. The work at Slayter Creek (West Crossing) as discussed herein will be brought back at a future meeting. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT WITH BLOOMFIELD HOMES, L.P., A TEXAS LIMITED PARTNERSHIP AND THE CITY OF ANNA. MOTION: Mayor Pike moved to approve. Council Member Miller 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). b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); city facilities; acquisition of easements C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. MOTION: Council Member Bryan moved to enter closed session. Council Member Beazley seconded. Motion carried 7-0. Mayor Pike recessed the meeting at 9:23 p.m. Mayor Pike reconvened the meeting at 9:37 p.m. 9. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary None 10. Adjourn. Mayor Pike adjourned the meeting at 9:37 p.m. Approved on the August 27, 2019. Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith THE CITY OF Minna AGENDA ITEM: Item No. 5.b. City Council Agenda Staff Report Meeting Date: 8/27/2019 Approve a Resolution Authorizing Representation in I RS Matter and Delegating Authority (Finance Director Dana Thornhill) SUMMARY: TML I EBP was required to file forms 1094-B and 1095-B with the I RS regarding health insurance coverage provided to the Pool group employees. Form 1094-B and 1095-B (the "B"Forms) are required to be filed by the health insurance issuers and carriers to report information to the IRS and employees regarding provision of the minimum essential coverage under the Affordable Care Act. A separate 1095-B is filed for each employee with the IRS, and a copy is provided to the employee. Form 1094-B reports summary information for the issuer/carrier and transmits the Forms 1095-B to the IRS. TML I EBP has timely filed "B" Forms as an "issuer" of coverage each year since 2015 and provided copies to all Pool groups' employees. Forms 1094-C and 1095-C (the "C Forms) are required to be filed by employers with more than 50 full-time employees to report information to the I RS about offer of health insurance coverage to its employees. As with the "B" Forms, a separate 1095-C is filed for each Pool Member employee with the I RS, and a copy is provided to the employee. Form 1094-C reports summary information and transmits the Form 1095-C to the IRS. The "C" Forms are used to determine if the employer is required to make the employer share responsibility payment under 4980H of A.C.A. and the eligibility of employees for a "premium tax credit". TML I EBP filed "C" forms for 2015 for all members based on the number of employees enrolled in the plan. However, due to an administrative error, TML I EBP did not file the forms for tax years 2016 or 2017 until the Fall of 2018. The Board of Trustees of the Pool has agreed to resolve any proposed imposition of penalties and fines by the IRS for the late filing of the Tax Forms on behalf of all affected members of the Pool, including the City of Anna. The Pool has engaged the law firm of Mitchell, Williams, Selig, Gates & Woodyard, PLLC ("Mitchell Williams") to represent the Pool and its members before the I RS with respect to any penalties, and the Pool shall be solely responsible for all communication with and payment of Mitchell Williams with regard to such matter. In order for Mitchell Williams and its attorneys to communicate with the IRS regarding any proposed penalties to be assessed against the City of Anna an authorized official of the City of Anna must execute a Form 2848 1 RS Power of Attorney authorizing the attorneys to represent the City of Anna before the I RS. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution to engage Mitchell Williams to represent the City of Anna before the IRS with respect to resolving the proposed IRS penalties that have been or may in the future be asserted against the City of Anna and delegates the City Manager to execute Form 2848 1 RS Power of Attorney. ATTACHMENTS: Description Upload Date Type Resolution to Execute Form 2848 1 RS Power of Attorney 8/21 /2019 Staff Report CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING REPRESENTATION IN IRS MATTER AND DELEGATING AUTHORITY TO EXECUTE FORM 2848 IRS POWER OF ATTORNEY WHEREAS, the TML MultiState Intergovernmental Employee Benefits Risk Pool (the "Pool") may have failed to timely file IRS Forms 1094-C and 1095-C (the "Tax Forms") for the 2016 and 2017 federal tax years on behalf of the City of Anna, related to the City of Anna's provision of minimum essential health coverage to its employees: and WHEREAS, the Pool has agreed to resolve any proposed imposition of penalties and fines by the IRS for the late filing of the Tax Forms (the "Penalties") on behalf of all affected members of the Pool, including the City of Anna; and WHEREAS, the Pool has engaged the law firm of Mitchell, Williams, Selig, Gates & Woodyard, PLLC ("Mitchell Williams") to represent the Pool and its members before the IRS with respect to any such Penalties, and the Pool shall be solely responsible for all communication with and payment of Mitchell Williams with regard to such matter; and WHEREAS, in order for Mitchell Williams and its attorneys to communicate with the IRS regarding any Penalties proposed to be assessed against the City of Anna, an authorized official of the City of Anna must execute a Form 2848 IRS Power of Attorney authorizing the attorneys to represent the City of Anna before the IRS; and WHEREAS, the City of Anna finds it necessary and proper to authorize Jim Proce, City Manager, to execute a Form 2848 on behalf of the City of Anna for such purpose; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authorization to Engage The City of Anna is hereby authorized to engage Mitchell Williams to represent the City of Anna before the IRS with respect to resolving the proposed IRS Penalties that have been or may in the future be asserted again the City of Anna. Section 3. Authorization to Execute The City of Anna is hereby authorized to execute Form 2848 IRS Power of Attorney, in the form attached hereto as Exhibit A, for the purpose of granting the attorneys listed therein the authority to represent the City of Anna before the IRS solely with respect any such proposed Penalties for tax years 2016 and 2017. RES. PAGE 1 OF 2 PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 27th day of August 2019. ATTEST: APPROVED: Carrie L. Smith, City Secretary Nate Pike, Mayor RES. PAGE 2 OF 2 THE CITY OF Minna AGENDA ITEM: Item No. 5.c. City Council Agenda Staff Report Meeting Date: 8/27/2019 Approve a Resolution approving a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp. (City Manager Jim Proce) SUMMARY: The City is a member of the Atmos Cities Steering Committee ("ACSC"), a coalition of similarly -situated cities served by Atmos Mid -Tex ("ACSC Cities") that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid -Tex service area. ACSC and the Company worked collaboratively to develop a new Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program ("GRIP") process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system -wide cost of serving the Atmos Mid -Tex Division. The current RRM tariff was adopted by the City in a rate resolution in 2018. On about April 1, 2019, Atmos Mid -Tex filed its 2019 RRM rate request with ACSC Cities based on a test year ending December 31, 2018. ACSC coordinated its review of the Atmos Mid -Tex 2019 RRM filing through its Executive Committee, assisted by ACSC's attorneys and consultants, to resolve issues identified in the Company's RRM filing. The Executive Committee, as well as ACSC's counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid -Tex of $35.4 million applicable to ACSC Cities. The attached tariffs (Exhibit A) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest. The settlement agreement sets a new benchmark for pensions and retiree medical benefits (Exhibit B). The settlement agreement establishes an amortization schedule for regulatory liability (Exhibit C). The RRM Tariff contemplates reimbursement of ACSC's reasonable expenses associated with RRM applications. The City Attorney has reviewed the documents as to form and the City Managers is recommending approval of the Steering Committee recommendations as the ability to negotiate these terms could not have been achieved individually. (Jim Proce) The City during its membership in the Steering Committee has placed its reliance on the legal advice provided by the Committee's legal counsel — on that basis The City Attorney is willing to sign off as to form on the ordinance as staff is satisfied with the substance of the settlement. (Clark McCoy) STAFF RECOMMENDATION: Motion to approve a Resolution approving a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp. ATTACHMENTS: Description FAQ's Sheet from ACSC Staff Report from ACSC Resolution Upload Date Type 8/22/2019 Backup Material 8/22/2019 Staff Report 8/22/2019 Resolution August 20, 2019 FREQUENTLY ASKED QUESTIONS REGARDING ACSC HISTORY AND THE RRM RATEMAKING PROCESS What is the role of Cities in ratemaking? Cities have historically exercised original jurisdiction over the level of gas rates charged within their boundaries. Generally, gas distribution utilities have filed rate cases at the City level and have only gone to the Railroad Commission of Texas ("RCT" or "Commission") with an appeal of City action or when they could not reach a settlement with Cities. If a utility and Cities reach an agreement, the utility may then file a case at the RCT to implement the same rates approved by Cities in areas outside municipal boundaries. Once a case is at the RCT, the Commission Staff generally expects Cities to intervene and do most of the discovery, cross-examination, briefing, and sponsor opposing witnesses. There is no consumer advocate at the RCT. If Cities do not participate in hearings at the RCT, the request of a regulated utility is likely to be rubber-stamped. How and why was the Atmos Cities Steering Committee created? The Atmos pipeline and distribution systems were built, owned, and operated by Lone Star Gas ("LSG"), which maintained over 200 rate jurisdictions until it sold its assets to Texas Utilities ("TXU") in the late 1990's. That meant that many Cities had their own unique distribution rates and that individual Cities had to process rate cases at the local level. LSG-Pipeline served all 200-plus distribution systems, and pipeline rates were set by the RCT. From the early 1980's through the late 1990's, LSG filed no pipeline or system -wide rate cases at the RCT. When LSG was finally brought before the RCT to show cause why its rates should not be reduced, approximately 80 Cities intervened and created an ad hoc group known as the Steering Committee of Cities Served by Lone Star. In Gas Utilities Division ("GUD") docket number 8664, three separate groups of Cities and a number of independent Cities (jointly the "Aligned Cities") participated and coordinated their efforts to oppose the rate increase. TXU purchased the LSG assets in the late 1990's and immediately commenced consolidating 200-plus ratemaking jurisdictions into regions. As regional cases were filed, Cities within each region created an ad hoc committee to form a common strategy and negotiating position. Once TXU had aggregated the Cities into five or six jurisdictions, each with a different rate, Texas Utilities Gas Company filed a system -wide case to bring all of the old LSG territory under one common rate. The different City regional committees then united and formed the Allied Coalition of Cities ("ACC"). While the gas utility assets were owned and controlled by TXU, the coalition transformed itself from an ad hoc group that came together only in response to rate filings by the utility into a permanent standing coalition. In Gas Utilities Docket ("GUD") No. 9400 in 2004, TXU's request for a $61.6 million system- wide increase was aggressively opposed by ACC. Cities achieved disallowances of $42.9 million of a regulatory asset and $87.8 million of capitalized gas utility plant. The company received only a $2.01 million increase. Unhappy with that result, TXU decided that owning a gas system was neither as fun nor as profitable as the deregulated electric system, and they sold the system to Atmos Energy Corporation ("Atmos" or "Company"). ACC was then transformed into the Steering Committee of Cities Served by Atmos and then renamed Atmos Cities Steering Committee to obtain an easy to remember acronym, "ACSC." What is the Atmos Cities Steering Committee? ACSC is a coalition of 170 Cities that unite in common purpose to address gas utility rate and franchise issues related to Atmos Energy Corporation. Its objectives are to: (1) ensure that gas utility rates charged to Cities and their residents are fair and reasonable; (2) maintain reasonable franchise fee revenues for Cities; (3) protect Cities' original jurisdiction over rates and services; (4) be a voice for consumers where no state agency assumes such a role; and (5) promote sound ratemaking policies in the public interest. Cities join the permanent standing committee by passing a resolution and agreeing to support the work of ACSC through modest occasional per capita assessments that support ongoing administrative and legislative advocacy and all expenses where Cities are not entitled to reimbursement. Each member City designates a representative to ACSC. Member representatives may volunteer to serve on the ACSC Executive Committee. The Executive Committee sets policy, hires legal counsel and consultants, directs litigation, establishes a legislative agenda, sets assessments on members as needed, and meets quarterly with Atmos executives. The Settlement Committee is directly involved in negotiating resolution of contested matters with Atmos executives. The list of current members is attached. What is the benefit of membership in ACSC? One hundred seventy Cities speaking as one voice is much more effective in advocacy before the Railroad Commission and legislature than any one City or multiple small groups of Cities. The legislature has given gas utilities a right to an annual increase in rates. Resources (both financial and human) of individual Cities are conserved by membership in ACSC. Additionally, membership enhances institutional memory of ratemaking issues, public policy debates, and right-of- way and franchise fee battles. What has ACSC accomplished? Going into the 82nd Legislative Session, in December 2010, ACSC released a 48-page report, "Natural Gas Consumers and the Texas Railroad Commission." More than 200 television, newspaper and radio news sites posted information on, and a link to, the report that may be found on ACSC's website, TexasGasConsumers.org. ACSC has also been instrumental in ongoing Sunset Commission reviews of the RCT. The agency has undergone three Sunset reviews since 2010, and in each case ACSC has maintained a watchful eye on the process to ensure that provisions that could harm the interest of gas utility ratepayers are excluded from the legislation. ACSC representatives also visited on several occasions with the Sunset Commission Staff, and several ACSC recommendations for reform were included in Sunset Commission Reports on the agency. Several ACSC member representatives testified before the legislature regarding the Sunset review of the Railroad Commission. 2557/28/7898547 2 During the 2011 legislative session, lobbying efforts by ACSC were critical in killing two gas utility bills that would have undermined traditional regulation, deprived Cities of certain rights, and led to even greater rate increases. ACSC has also resolved a major issue involving franchise fees. In 2010, Atmos unilaterally, without notice, ceased inclusion of franchise fees in the calculations of gross receipts regardless of whether specific franchises included such payments. Several Cities were willing to pursue the matter through litigation. However, counsel for ACSC was able to negotiate a resolution that allowed each member City to determine whether it desired an increase in franchise fee payments based on inclusion of franchise fees in the calculation of gross receipts. If a City opted for inclusion of fee -on -fee revenues, it had the further option of retroactive payments back to the point in time that Atmos decided to curtail fee -on -fee payments. Each member had these options regardless of the wording of the then - valid franchise agreement. This resolution spared significant litigation costs and anxiety and was only possible because of the clout of the ACSC membership. One of the most significant accomplishments of ACSC occurred in 2007 via a settlement of the then -pending, system -wide rate case. Approximately 50 ACSC City representatives showed up in Arlington for a meeting with Atmos executives who were shocked at the vocal opposition to Atmos' practices, the unfairness of annual Gas Reliability Infrastructure Program ("GRIP") rate filings that precluded City and citizen review, and the Company's lack of coordination with Cities. That meeting led to the creation of the Rate Review Mechanism ("RRM") process and improved ongoing communications between the Company and ACSC. In 2010, these improved communications between ACSC and the Company led to a workable solution to the need to replace steel service lines in a manner that accommodated Cities' needs to control their rights -of -way, while moderating the rate impact and focusing first on the riskiest service lines based on leak repair histories. This compromise precluded a more onerous (from a City and consumer perspective) program threatened by the RCT. What is an RRM case? The concept of an RRM proceeding emerged as a three-year experimental substitute for GRIP cases as part of the settlement of Atmos Mid-Tex's 2007 system -wide rate case. In 2003, the Texas Legislature added Section 104.301, Interim Adjustment for Changes in Investment, to the Gas Utility Regulatory Act. While not identified as such in the law, § 104.301 was referred to as the Gas Reliability Infrastructure Program or GRIP. The GRIP adjustments allowed gas companies to recover changes to invested capital without a review of whether increased revenues or declining expenses offset the invested capital costs. Both Atmos Pipeline and Atmos Mid -Tex filed GRIP cases as soon as the RCT adopted rules to implement the interim adjustments. As explained below, it quickly became apparent that the GRIP adjustments were terrible public policy. As an alternative to GRIP, ACSC entered into a negotiated agreement with Atmos in 2007 to establish the RRM process.. Unlike GRIP, the RRM provided for an annual review of all portions of Mid-Tex's cost of service. It fixed an authorized rate of return on equity for the three-year period at 9.6% (which was less than what the RCT would have authorized) and set caps on the extent to which expenses or investments could increase from one year to the next. More importantly, it allowed Cities to make a comprehensive evaluation of all aspects of the utility's business —investment, operation and maintenance expenses, and revenues —unlike GRIP that only allows consideration of changes to invested capital. 2557/28/7898547 3 Why is RRM superior to GRIP? GRIP cases guarantee a one-sided, rubber-stamp approval of the utility's rate request. ACSC attempted to participate in the first two GRIP proceedings filed by both Atmos Pipeline and Atmos Mid -Tex at the RCT. Not only were Cities' motions to intervene denied, but also, ACSC's comments were ignored. At the City level, ACSC consultants determined that Atmos was not only including items such as artwork, chairs, computers, and meals in interim rate adjustments that were allegedly intended to promote pipeline safety, but the Company was also over -earning its previously authorized rate of return. ACSC attacked the Commission's rule in court because it denied City participation, denied a hearing on a contested matter, and denied Cities' recovery of any expenses associated with resisting GRIP rate increases. The courts were not helpful to Cities. In 2011, the Texas Supreme Court upheld the Commission's rule implementing the GRIP statute. Cities have contended that the GRIP process is terrible public policy since it authorizes what would, from the perspective of a history of public interest regulation, be regarded as unlawful — piecemeal ratemaking. GRIP allows rates to increase if the utility's invested capital net of depreciation increases year -over -year. An increase in rates is mandated under GRIP if investment increases, even if increasing revenues and declining expenses more than offset the costs associated with increased investment. The RRM process negotiated by ACSC solves the piecemeal ratemaking problem by providing for a comprehensive review of Atmos' expenses and revenues. Furthermore, the RRM process benefitted ACSC by: (1) allowing Cities' participation that would be denied under GRIP; (2) allowing Cities to recover, at utility shareholders' expense, all their ratemaking costs; and (3) avoiding both litigation and RCT jurisdiction. The legislature has functionally authorized annual increases in gas utility rates through the GRIP process. Since consumers are otherwise stuck with annual rate increases, it is better to have Cities participate in the comprehensive RRM process than be unable to participate in a piecemeal process. What has been the history of the RRM efforts? A total of eleven RRM filings have been made by the Company. These filings all resulted in settlements at the City level, except for the 2014 filing, which the ACSC Cities denied. The Company appealed the denial to the RCT, and ACSC was ultimately able to settle that proceeding before it reached the stage of a final RCT order. The results of these filings from a system -wide perspective are as follows (continued on next page): RRM Filing Year Atmos Request ACSC Settlement #1 2008 $33.5 million $20 million #2 2009 $20.2 million $2.6 million #3 2010 $70.2 million $27 million #4 2011 $15.7 million $6.6 million #5 2013 $22.7 million $16.6 million #6 2014 $45.7 million $43.8 million #7 2015 $28.8 million $22.8 million #8 2016 $35.4 million $29.6 million #9 2017 57.4 million $48 million 2557/28/7898547 4 RRM Filing Year Atmos Request ACSC Settlement #10 2018 $27.4 million $24.9 million #11 2019 $54 million $35.4 million Unable to reach agreement to perpetuate the original RRM terms, Atmos filed a traditional rate case with Cities in 2012 (GUD No. 10170), which was then appealed to the Railroad Commission. A final order in that case was entered in December 2012. The ratemaking decisions of the Commission then became the basis of renewal negotiations on the RRM process. The renewed RRM included some modifications that enhanced the original RRM process. Among these modifications were: • A limit on the percentage of increase to be included in the monthly customer charge; • A prohibition against capital post-test year adjustments; • A time limit for known and measurable adjustments to operating and maintenance expenses; • A guaranteed reduction in the Company's requested increase of at least $3 million annually; and • A limitation on the amount of equity in the Company's capital structure. Changes to the RRM brocess As noted in a communication to ACSC in May 2017, the rate of return on equity ("ROE") embedded in the RRM process between 2013 and 2017 of 10.5% is excessive by at least 100 basis points, based upon a reasonable rate of return that reflects the market conditions in which the Company, and its parent Atmos Energy, operates. Because this ROE cannot be altered except by (1) changing the terms of the RRM tariff, or (2) a Commission order coming out of a new rate case, ACSC informed the Company that the 2017 RRM will be the last fling by the Company under the current tariff. Atmos agreed to renegotiate the terms and conditions of a revised RRM tariff in 2017. In February and March 2018, ACSC adopted a new RRM tariff ordinance that implemented new procedures and criteria for the RRM process. The revised RRM tariff reduced the allowed ROE from 10.5% to 9.8% and captured the reduced federal income tax rate of 21 %. The new tariff expanded Cities' review period from three months to five months. It also required Atmos Mid -Tex to accept ACSC's position regarding incentive compensation related to Atmos' Shared Services Unit. The 2019 RRM filing is the second under the new tariff. When must Cities approve new rates? ACSC's Tariff Ordinance adopted around March 2018 declares that new rates become effective October 1 st of each year. While it is preferable that ordinances or resolutions adopting new tariffs are passed before the end of September, there is no adverse consequence if final action cannot take place until sometime in October. The only thing that will frustrate new rates becoming effective on October 1, 2019 is City action that specifically denies the increase. 2557/28/7898547 5 What would happen if a City Council denies the RRM rate increase? Atmos would either appeal the denial to the Railroad Commission or initiate imposition of GRIP rates or both. Rates for residents of that City would be higher than rates of other ACSC member residents. Rate case expenses (both the City and Company) associated with litigation at the Railroad Commission would likely be surcharged back to the City that denied the increase. If you have other questions please contact me at (512) 322-5875 and/or gmg@lglawfirm.com, or Georgia Crump at (512) 322-5832 and/or gcrump@lglawfirm.com. Geoffrey Gay ACSC, General Counsel 2557/28/7898547 6 August 16, 2019 MODEL STAFF REPORT BACKGROUND AND SUMMARY The City, along with 171 other Mid -Texas cities served by Atmos Energy Corporation, Mid - Tex Division ("Atmos Mid -Tex" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC"). In 2007, ACSC and Atmos Mid -Tex settled a rate application filed by the Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation). That settlement created a substitute rate review process, referred to as Rate Review Mechanism ("RRM"), as a substitute for future filings under the GRIP statute. Since 2007, there have been several modifications to the original RRM Tariff. The most recent iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018. On or about April 1, 2019, the Company filed a rate request pursuant to the RRM Tariff adopted by ACSC members. The Company claimed that its cost -of -service in a test year ending December 31, 2018, entitled it to additional system -wide revenues of $70 million. Application of the standards set forth in ACSC's RRM Tariff required Atmos to reduce its request to $54 million, $39.3 million of which would be applicable to ACSC members. ACSC's consultants concluded that the system -wide deficiency under the RRM regime should be $38.7 million instead of the claimed $54 million. The amount of the $38.7 million deficiency applicable to ACSC members would be $28.2 million. After the Company reviewed ACSC's consultants' report, ACSC's Executive Committee and the Company negotiated a settlement whereby the Company would receive an increase of $35.4 million from ACSC Cities. 1 The Executive Committee recommends a settlement at this amount. The Effective Date for new rates is October 1, 2019. ACSC members should take action approving the Ordinance before the end of September. PROOF OF REVENUES Atmos generated proof that the rate tariffs attached to the Ordinance will generate $35.4 million in additional revenues from ACSC Cities. That proof is attached as Attachment 1 to this Staff Report. ACSC consultants have agreed that Atmos' Proof of Revenues is accurate. BILL IMPACT The impact of the settlement on average residential rates is an increase of $2.05 on a monthly basis, or 3.7 percent. The increase for average commercial usage will be $6.18 or 2.31 percent. A bill impact comparison is attached as Attachment 2. SUMMARY OF ACSC'S OBJECTION TO THE UTILITIES CODE SECTION 104.301 GRIP PROCESS ACSC strongly opposed the GRIP process because it constitutes piecemeal ratemaking by ignoring declining expenses and increasing revenues while rewarding the Company for increasing capital investment on an annual basis. The GRIP process does not allow any review of the reasonableness of capital investment and does not allow cities to participate in the Railroad Commission's review of annual GRIP filings or allow recovery of Cities' rate case expenses. The Railroad Commission undertakes a mere administrative review of GRIP filings (instead of a full hearing) and rate increases go into effect without any material adjustments. In ACSC's view, the GRIP process unfairly raises customers' rates without any regulatory oversight. In contrast, the RRM process has allowed for a more comprehensive rate review and annual evaluation of expenses and revenues, as well as capital investment. 2 RRM SAVINGS OVER GRIP While residents outside municipal limits must pay rates governed by GRIP, there are some cities served by Atmos Mid -Tex that chose to remain under GRIP rather than adopt RRM. Additionally, the City of Dallas adopted a variation of RRM which is referred to as DARR. When new rates become effective on October 1, 2019, ACSC residents will have a slight economic monthly advantage over comparable GRIP and comparable DARR rates (see Attachment 3). EXPLANATION OF `BE IT ORDAINED" PARAGRAPHS: 1. This section approves all findings in the Ordinance. 2. This section adopts the RRM rate tariffs and finds the adoption of the new rates to be just, reasonable, and in the public interest. 3. This section finds that existing rates are unreasonable. Such finding is a necessary predicate to establishment of new rates. The new tariffs will permit Atmos Mid -Tex to recover an additional $35.4 million from ACSC Cities. 4. This section approves an exhibit that establishes a benchmark for pensions and retiree medical benefits to be used in future rate cases or RRM filings. 5. This section approves an exhibit to be used in future rate cases or RRM filings regarding recovery of regulatory liabilities, such as excess deferred income taxes. 6. This section requires the Company to reimburse the City for expenses associated with review of the RRM filing, settlement discussions, and adoption of the Ordinance approving new rate tariffs. 7. This section repeals any resolution or ordinance that is inconsistent with the Ordinance. 8. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 3 9. This section is a savings clause, which provides that if any section is later found to be unconstitutional or invalid, that finding shall not affect, impair, or invalidate the remaining provisions of this Ordinance. This section further directs that the remaining provisions of the Ordinance are to be interpreted as if the offending section or clause never existed. 10. This section provides for an effective date upon passage. 11. This section directs that a copy of the signed Ordinance be sent to a representative of the Company and legal counsel for ACSC. CONCLUSION The Legislature's GRIP process allowed gas utilities to receive annual rate increases associated with capital investments. The RRM process has proven to result in a more efficient and less costly (both from a consumer rate impact perspective and from a ratemaking perspective) than the GRIP process. Given Atmos Mid-Tex's claim that its historic cost of service should entitle it to recover $70 million in additional system -wide revenues, or $54 million from ACSC Cities, the RRM settlement at $35.4 million for ACSC Cities reflects substantial savings to ACSC Cities in the amount of $18.6 million. ACSC's consultants produced a report indicating that Atmos had justified increased revenues for ACSC Cities of at least $32.7 million. Settlement at $35.4 million is fair and reasonable. The ACSC Executive Committee consisting of city employees of 18 ACSC members urges all ACSC members to pass the Ordinance before September 30, 2019. New rates become effective October 1, 2019. 2557/31/7897507 Attachment 1 Proof of Revenues ATMOS ENERGY CORP., MID-TEX DIVISION RRM CITIES RATE REVIEW MECHANISM PROOF OF REVENUES - SYSTEMWIDE TEST YEAR ENDING DECEMBER 31, 2018 Line No. Customer Class Current Proposed Bills Ccf/MmBtu (a) (b) (c) (d) (e) 1 Residential 2 Customer Charge $ 18.85 $ 19.55 18,572,400 3 Consumption Charge 0.14846 0.17423 876,575,629 4 Revenue Related Taxes 5 Total Class Revenue 6 7 Commercial 8 Customer Charge $ 43.50 $ 46.50 1,492,740 9 Consumption Charge 0.09165 0.09924 576,758,305 10 Revenue Related Taxes 11 Total Class Revenue 12 13 Industrial & Transportation 14 Customer Charge $ 784.00 $ 845.50 9,804 15 Consumption Charge Tier 1 $ 0.3312 $ 0.3572 10,724,328 16 Consumption Charge Tier 2 $ 0.2425 $ 0.2616 12,346,302 17 Consumption Charge Tier 3 $ 0.0520 $ 0.0561 22,335,700 18 Revenue Related Taxes 19 Total Class Revenue 20 21 Total Excluding Other Revenue 22 23 24 Revenue Related Tax Factor 6.7078% Current Proposed Revenues Revenues Increase if) (9) (h) $ 350,089,740 $ 363,090,420 130,136,418 152,725,772 32,212,790 34,600,111 $ 512,438,948 $ 550,416,303 $ 37,977,356 $ 64,934,190 $ 69,412,410 52,859,899 57,237,494 7,901,436 8,495,470 $ 125,695,525 $ 135,145,374 $ 9,449,849 $ 7,686,336 $ 8,289,282 3,551,897 3,830,730 2,993,978 3,229,793 1,161,456 1,253,033 1,032,582 1,113,691 $ 16,426,250 $ 17,716,529 $ 1,290,278 $ 654,560,722 $ 703,278,206 $ 48,717,483 Attachment 2 Bill Impact Line 1 Rate R (vD 47.5 Ccf 2 Customer charge 3 Consumption charge 4 Rider GCR Part A 5 Rider GCR Part B 6 Subtotal 7 Rider FF & Rider TAX 8 Total 9 10 Customer charge 11 Consumption charge 12 Rider GCR Part A 13 Rider GCR Part B 14 Subtotal 15 Rider FF & Rider TAX 16 Total 17 18 19 Rate C (a) 367.6 Ccf 20 Customer charge 21 Consumption charge 22 Rider GCR Part A 23 Rider GCR Part B 24 Subtotal 25 Rider FF & Rider TAX 26 Total 27 28 Customer charge 29 Consumption charge 30 Rider GCR Part A 31 Rider GCR Part B 32 Subtotal 33 Rider FF & Rider TAX 34 Total 35 ATMOS ENERGY CORP., MID-TEX DIVISION AVERAGE BILL COMPARISON - BASE RATES TEST YEAR ENDING DECEMBER 31, 2018 47.5 47.5 47.5 47.5 47.5 47.5 367.6 367.6 367.6 367.6 367.6 367.6 CURRENT $ 18.85 CCF X $ 0.14846 = 7.05 CCF X $ 0.27375 = 13.00 CCF X $ 0.27485 = 13.06 $ 51.96 $ 51.96 X 0.06708 = 3.49 $ 55.45 CCF X $ 0.17423 = CCF X $ 0.27375 = CCF X $ 0.27485 = $ 53.89 X 0.06708 = CCF CCF CCF $ 251.06 CCF CCF CCF $ 256.85 PROPOSED CHANGE $ 19.55 8.28 13.00 13.06 $ 53.89 3.61 $ 57.50 $ 2.05 3.70% CURRENT PROPOSED CHANGE $ 43.50 X $ 0.09165 = 33.69 X $ 0.27375 = 100.62 X $ 0.19927 = 73.25 $ 251.06 X 0.06708 = 16.84 $ 267.90 X $ 0.09924 = X $ 0.27375 = X $ 0.19927 = X 0.06708 = $ 46.50 36.48 100.62 73.25 $ 256.85 17.23 $ 274.08 $ 6.18 2.31 % WP J-3.1 Page 1 of 2 Line 36 Rate I (d) 4066 MMBTU 37 Customer charge 38 Consumption charge 39 Consumption charge 40 Consumption charge 41 Rider GCR Part A 42 Rider GCR Part B 43 Subtotal 44 Rider FF & Rider TAX 45 Total 46 47 Customer charge 48 Consumption charge 49 Consumption charge 50 Consumption charge 51 Rider GCR Part A 52 Rider GCR Part B 53 Subtotal 54 Rider FF & Rider TAX 55 Total 56 57 Rate T W 4066 MMBTU 58 Customer charge 59 Consumption charge 60 Consumption charge 61 Consumption charge 62 Rider GCR Part B 63 Subtotal 64 Rider FF & Rider TAX 65 Total 66 67 Customer charge 68 Consumption charge 69 Consumption charge 70 Consumption charge 71 Rider GCR Part B 72 Subtotal 73 Rider FF & Rider TAX 74 Total 75 ATMOS ENERGY CORP., MID-TEX DIVISION AVERAGE BILL COMPARISON - BASE RATES TEST YEAR ENDING DECEMBER 31, 2018 CURRENT $ 784.00 1,500 MMBTU X $ 0.3312 = 496.80 2,566 MMBTU X $ 0.2425 = 622.14 0 MMBTU X $ 0.0520 = - 4,066 MMBTU X $ 2.6733 = 10.868.51 4,066 MMBTU X $ 0.4491 = 1,825.85 $ 14,597.30 $ 14,597.30 X 0.06708 = 979.16 $ 15,576.46 1,500 MMBTU X $ 0.3572 = 2,566 MMBTU X $ 0.2616 = 0 MMBTU X $ 0.0561 = 4,066 MMBTU X $ 2.6733 = 4,066 MMBTU X $ 0.4491 = $ 14,746.80 X 0.06708 = CURRENT $ 784.00 1,500 MMBTU X $ 0.3312 = 496.80 2,566 MMBTU X $ 0.2425 = 622.14 0 MMBTU X $ 0.0520 = - 4,066 MMBTU X $ 0.4491 = 1,825.85 $ 3,728.79 $ 3,728.79 X 0.06708 = 250.12 $ 3,978.91 1,500 MMBTU X $ 0.3572 = 2,566 MMBTU X $ 0.2616 = 0 MMBTU X $ 0.0561 = 4,066 MMBTU X $ 0.4491 = $ 3,878.29 X 0.06708 PROPOSED CHANGE $ 845.50 535.80 671.14 10, 868.51 1,825.85 $ 14,746.80 989.19 $ 15,735.99 $ 159.53 1.02% PROPOSED CHANGE $ 845.50 535.80 671.14 1,825.85 $ 3,878.29 260.15 $ 4,138.44 $ 159.53 4.01 % W P_J-3.1 Page 2 of 2 Attachment 3 RRM Monthly Savings Over GRIP and DARR Rates ACSC Margin Advantage Over GRIP and DARR Residential Customers Effective October 1, 2019 Average Monthly Customer Consumption Average Group Consumption Charge Charge Average Bill Monthly Savings ACSC/RRM 47.5 CCF $19.55 $0.17423 $27.83 X Environs 47.5 CCF $19.84 $0.18653 $28.70 $0.87 GRIP ATM GRIP 47.5 CCF $21.69 $0.14846 $28.74 $0.92 DARR 47.5 CCF $21.25 $0.14924 $28.34 $0.51 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC") AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S 2019 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHED EXHIBIT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; APPROVING AN ATTACHED EXHIBIT REGARDING AMORTIZATION OF REGULATORY LIABILITY; REQUIRING THE COMPANY TO REIMBURSE ACSC'S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND THE ACSC'S LEGAL COUNSEL. WHEREAS, the City of Anna, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid -Tex Division ("Atmos Mid -Tex" or "Company"), and a regulatory authority with an interest in the rates and charges of Atmos Mid -Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a coalition of similarly -situated cities served by Atmos Mid -Tex ("ACSC Cities") that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid -Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a new Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program ("GRIP") process instituted by 1 the Legislature, and that will establish rates for the ACSC Cities based on the system -wide cost of serving the Atmos Mid -Tex Division; and WHEREAS, the current RRM tariff was adopted by the City in a rate resolution in 2018; and WHEREAS, on about April 1, 2019, Atmos Mid -Tex filed its 2019 RRM rate request with ACSC Cities based on a test year ending December 31, 2018; and WHEREAS, ACSC coordinated its review of the Atmos Mid -Tex 2019 RRM filing through its Executive Committee, assisted by ACSC's attorneys and consultants, to resolve issues identified in the Company's RRM filing; and WHEREAS, the Executive Committee, as well as ACSC's counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid -Tex of $35.4 million applicable to ACSC Cities; and WHEREAS, the attached tariffs (Exhibit A) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Exhibit B); and WHEREAS, the settlement agreement establishes an amortization schedule for regulatory liability (Exhibit C); and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC's reasonable expenses associated with RRM applications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: 2 Section 1. That the findings set forth in this Resolution are hereby in all things approved. Section 2. That, without prejudice to future litigation of any issue identified by ACSC, the City Council finds that the settled amount of an increase in revenues of $35.4 million for ACSC Cities represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid -Tex within the municipal limits arising from Atmos Mid-Tex's 2019 RRM filing, is in the public interest, and is consistent with the City's authority under Section 103.001 of the Texas Utilities Code. Section 3. That the existing rates for natural gas service provided by Atmos Mid -Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Exhibit A, are just and reasonable, and are designed to allow Atmos Mid -Tex to recover annually an additional $35.4 million from customers in ACSC Cities, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. Section 4. That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid-Tex's next RRM filing shall be as set forth on Exhibit B, attached hereto and incorporated herein. Section 5. That amortization of regulatory liability shall be consistent with the schedule found in attached Exhibit C attached hereto and incorporated herein. Section 6. That Atmos Mid -Tex shall reimburse the reasonable ratemaking expenses of the ACSC in processing the Company's 2019 RRM filing. Section 7. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Resolution, it is hereby repealed. 3 Section 8. That the meeting at which this Resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 9. That if any one or more sections or clauses of this Resolution is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Resolution, and the remaining provisions of the Resolution shall be interpreted as if the offending section or clause never existed. Section 10. That consistent with the City Resolution that established the RRM process, this Resolution shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after October 1, 2019. Section 11. That a copy of this Resolution shall be sent to Atmos Mid -Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid -Tex Division, Atmos Energy Corporation, 5420 LJB Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. PASSED AND APPROVED this day of ATTEST: City Secretary Carrie L. Smith 2557/31/7897503 Mayor Nate Pike APPROVED AS TO FORM: City Attorney Clark McCoy 2019. .19 Attachment 1 Proof of Revenues ATMOS ENERGY CORP., MID-TEX DIVISION RRM CITIES RATE REVIEW MECHANISM PROOF OF REVENUES - SYSTEMWIDE TEST YEAR ENDING DECEMBER 31, 2018 Line No. Customer Class Current Proposed Bills Ccf/MmBtu (a) (b) (c) (d) (e) 1 Residential 2 Customer Charge $ 18.85 $ 19.55 18,572,400 3 Consumption Charge 0.14846 0.17423 876,575,629 4 Revenue Related Taxes 5 Total Class Revenue 6 7 Commercial 8 Customer Charge $ 43.50 $ 46.50 1,492,740 9 Consumption Charge 0.09165 0.09924 576,758,305 10 Revenue Related Taxes 11 Total Class Revenue 12 13 Industrial & Transportation 14 Customer Charge $ 784.00 $ 845.50 9,804 15 Consumption Charge Tier 1 $ 0.3312 $ 0.3572 10,724,328 16 Consumption Charge Tier 2 $ 0.2425 $ 0.2616 12,346,302 17 Consumption Charge Tier 3 $ 0.0520 $ 0.0561 22,335,700 18 Revenue Related Taxes 19 Total Class Revenue 20 21 Total Excluding Other Revenue 22 23 24 Revenue Related Tax Factor 6.7078% Current Proposed Revenues Revenues Increase if) (9) (h) $ 350,089,740 $ 363,090,420 130,136,418 152,725,772 32,212,790 34,600,111 $ 512,438,948 $ 550,416,303 $ 37,977,356 $ 64,934,190 $ 69,412,410 52,859,899 57,237,494 7,901,436 8,495,470 $ 125,695,525 $ 135,145,374 $ 9,449,849 $ 7,686,336 $ 8,289,282 3,551,897 3,830,730 2,993,978 3,229,793 1,161,456 1,253,033 1,032,582 1,113,691 $ 16,426,250 $ 17,716,529 $ 1,290,278 $ 654,560,722 $ 703,278,206 $ 48,717,483 Attachment 2 Bill Impact Line 1 Rate R (vD 47.5 Ccf 2 Customer charge 3 Consumption charge 4 Rider GCR Part A 5 Rider GCR Part B 6 Subtotal 7 Rider FF & Rider TAX 8 Total 9 10 Customer charge 11 Consumption charge 12 Rider GCR Part A 13 Rider GCR Part B 14 Subtotal 15 Rider FF & Rider TAX 16 Total 17 18 19 Rate C (a) 367.6 Ccf 20 Customer charge 21 Consumption charge 22 Rider GCR Part A 23 Rider GCR Part B 24 Subtotal 25 Rider FF & Rider TAX 26 Total 27 28 Customer charge 29 Consumption charge 30 Rider GCR Part A 31 Rider GCR Part B 32 Subtotal 33 Rider FF & Rider TAX 34 Total 35 ATMOS ENERGY CORP., MID-TEX DIVISION AVERAGE BILL COMPARISON - BASE RATES TEST YEAR ENDING DECEMBER 31, 2018 47.5 47.5 47.5 47.5 47.5 47.5 367.6 367.6 367.6 367.6 367.6 367.6 CURRENT $ 18.85 CCF X $ 0.14846 = 7.05 CCF X $ 0.27375 = 13.00 CCF X $ 0.27485 = 13.06 $ 51.96 $ 51.96 X 0.06708 = 3.49 $ 55.45 CCF X $ 0.17423 = CCF X $ 0.27375 = CCF X $ 0.27485 = $ 53.89 X 0.06708 = CCF CCF CCF $ 251.06 CCF CCF CCF $ 256.85 PROPOSED CHANGE $ 19.55 8.28 13.00 13.06 $ 53.89 3.61 $ 57.50 $ 2.05 3.70% CURRENT PROPOSED CHANGE $ 43.50 X $ 0.09165 = 33.69 X $ 0.27375 = 100.62 X $ 0.19927 = 73.25 $ 251.06 X 0.06708 = 16.84 $ 267.90 X $ 0.09924 = X $ 0.27375 = X $ 0.19927 = X 0.06708 = $ 46.50 36.48 100.62 73.25 $ 256.85 17.23 $ 274.08 $ 6.18 2.31 % WP J-3.1 Page 1 of 2 Line 36 Rate I (d) 4066 MMBTU 37 Customer charge 38 Consumption charge 39 Consumption charge 40 Consumption charge 41 Rider GCR Part A 42 Rider GCR Part B 43 Subtotal 44 Rider FF & Rider TAX 45 Total 46 47 Customer charge 48 Consumption charge 49 Consumption charge 50 Consumption charge 51 Rider GCR Part A 52 Rider GCR Part B 53 Subtotal 54 Rider FF & Rider TAX 55 Total 56 57 Rate T W 4066 MMBTU 58 Customer charge 59 Consumption charge 60 Consumption charge 61 Consumption charge 62 Rider GCR Part B 63 Subtotal 64 Rider FF & Rider TAX 65 Total 66 67 Customer charge 68 Consumption charge 69 Consumption charge 70 Consumption charge 71 Rider GCR Part B 72 Subtotal 73 Rider FF & Rider TAX 74 Total 75 ATMOS ENERGY CORP., MID-TEX DIVISION AVERAGE BILL COMPARISON - BASE RATES TEST YEAR ENDING DECEMBER 31, 2018 CURRENT $ 784.00 1,500 MMBTU X $ 0.3312 = 496.80 2,566 MMBTU X $ 0.2425 = 622.14 0 MMBTU X $ 0.0520 = - 4,066 MMBTU X $ 2.6733 = 10.868.51 4,066 MMBTU X $ 0.4491 = 1,825.85 $ 14,597.30 $ 14,597.30 X 0.06708 = 979.16 $ 15,576.46 1,500 MMBTU X $ 0.3572 = 2,566 MMBTU X $ 0.2616 = 0 MMBTU X $ 0.0561 = 4,066 MMBTU X $ 2.6733 = 4,066 MMBTU X $ 0.4491 = $ 14,746.80 X 0.06708 = CURRENT $ 784.00 1,500 MMBTU X $ 0.3312 = 496.80 2,566 MMBTU X $ 0.2425 = 622.14 0 MMBTU X $ 0.0520 = - 4,066 MMBTU X $ 0.4491 = 1,825.85 $ 3,728.79 $ 3,728.79 X 0.06708 = 250.12 $ 3,978.91 1,500 MMBTU X $ 0.3572 = 2,566 MMBTU X $ 0.2616 = 0 MMBTU X $ 0.0561 = 4,066 MMBTU X $ 0.4491 = $ 3,878.29 X 0.06708 PROPOSED CHANGE $ 845.50 535.80 671.14 10, 868.51 1,825.85 $ 14,746.80 989.19 $ 15,735.99 $ 159.53 1.02% PROPOSED CHANGE $ 845.50 535.80 671.14 1,825.85 $ 3,878.29 260.15 $ 4,138.44 $ 159.53 4.01 % W P_J-3.1 Page 2 of 2 Attachment 3 RRM Monthly Savings Over GRIP and DARR Rates ACSC Margin Advantage Over GRIP and DARR Residential Customers Effective October 1, 2019 Average Monthly Customer Consumption Average Group Consumption Charge Charge Average Bill Monthly Savings ACSC/RRM 47.5 CCF $19.55 $0.17423 $27.83 X Environs 47.5 CCF $19.84 $0.18653 $28.70 $0.87 GRIP ATM GRIP 47.5 CCF $21.69 $0.14846 $28.74 $0.92 DARR 47.5 CCF $21.25 $0.14924 $28.34 $0.51 THE CITY OF Minna AGENDA ITEM: Item No. 5.d. City Council Agenda Staff Report Meeting Date: 8/27/2019 Approve a Resolution fora special event permit to Pam Carroll with Camp Gladiator fora Taco Trot Fun Run on September 7, 2019. (Ashley Stathatos) SUMMARY: Pam Carroll with Camp Gladiator would like to put on a Taco Trot Family Fun run at Brookshire's and Natural Springs Park. The event will be held on September 7, 2019 from 7:30 am to 10:30 am. The Taco Trot route starts at Brookshire's, goes through Natural Springs Park and Lakeview Park, around Lakeview Estates and down Ferguson Parkway back to the grocery store. The route is all on hike and bike trails and sidewalks. There is no reason for runners and walkers to be on any roadways. It is a free family fun run and will have table set-ups, food cooked at restaurants off -site and music. Pam Carroll has received permission from Brookshire's to use their parking lot for the event. STAFF RECOMMENDATION: Approve the Resolution for a special event permit to Pam Carroll with Camp Gladiator for a Taco Trot Fun Run on September 7, 2019. ATTACHMENTS: Description Taco Trot Resolution Taco Trot Application Taco Trot Map Upload Date Type 8/22/2019 Staff Report 8/22/2019 Staff Report 8/22/2019 Staff Report CITY OF ANNA RESOLUTION NO. RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT TO PAM CARROLL WITH CAMP GLADIATOR FOR A TACO TROT FAMILY FUN RUN AT NATURAL SPRINGS PARK AND LAKEVIEW PARK. WHEREAS, Pam Carroll with Camp Gladiator has submitted a Special Event Permit application to hold a Taco Trot Family Fun Run; and WHEREAS, according to Anna City Code of Ordinances, the City Council shall approve all Special Event Applications; and WHEREAS, staff has reviewed the Special Event Application and finds that Pam Carroll with Camp Gladiator has planned a safe, fun -filled event for the community; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council hereby approves the Special Event Permit to Pam Carroll with Camp Gladiator for a Taco Trot Family Fun Run. PASSED by the City Council of the City of Anna, Texas, on this 27th, day of August 2019. I_la9.100a63 ATTEST: -Type of Event: ❑Carnival OCircus ❑Festival ❑Parade ❑Tent Other -Applicant Name: , ;° r t"Yla'e Address: - " � ' c Ory -city: State: Zip Code: Phone#: ( 2 - _-7 Email: ty) C et r , Date: ° 2 *Note: bplications must be filed at least 30 days in advance. M Dates of Activity: `. *- . c Reservation Time Block: Type of Activity (explain purpose of activity): -4:� 0 Estimated Number of People Attending Activity: ( w' Reservation Location: Will Food and/or Bevera es be on -site for th activit ? 0 Yes ❑ N Will Alcohol be served or sold? 0 Yes o if yes, include request letter If yes, please indicate who the vendors are (food and drinks): Please identify all other activities & structures (bounce house, tents, music, sports, games, etc.): *If City Resources (Personnel, equipment and supplies) are used, the cost of Resources will be covered by the event sponsor. R C tM Z6 undersigned, its officers, employees or agents, arising out of, resulting from, or caused by any act occurring as a result of the exercise of the privileges granted by this permit. Applicant agrees that this indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the state of Texas, and that if any portion is held invalid, then it is agreed that the balance shall; notwithstanding, continue in full legal force and effect. I do solemnly swear (or affirm) that all the answers given and statements made on this application and supporting documents are full, true, and correct to the best of my knowledge and beliefs. I have been given a copy of the Anna City Code ordinance Part II, Article 47 and have read the provisions contained therein and agree to abide by them. Applicant Name: - �.. R—D ' CL 1/7 Signature: dAALG6-1CX Date: 0'i- Submittal Requirements: N 1. Completed application with signatures and contact information. L 2. Submit application fee ($50) and deposit ($300). (Ord. No. 410-2008; Checks payable to the City •� ofAnna) a w 3. Map of Event area. 4. List of food and beverage vendors and/or copy of current license from vendor. 5. Statement of Intent to obtain Insurance and/or Proof of Insurance. ( A copy of the Certificate -� of Insurance is due a minimum of one week before event start date) 6. Letter of request if alcohol is desired. For Office Use Only: Date Application & Deposit Received $300 : Date Application Fee Received $50 : Received By: Received By: Cash or Check # Cash or Check # Receipt #: Receipt #: Required Documents Redd: ❑ Completed Application ❑ Insurance ❑ Food Vendor List ❑ Sound System ❑ Map ❑ Alcohol Request (optional) ❑ Other: ❑ Other: ❑ Approved by: ❑Permit Issued Date: Assign Date of Parks Board Review of Application: (put date in blank and notify Applicant. Sue Evelyn Rattan Elementary Schoo �7 M THE CITY OF AiAtia AGENDA ITEM: Item No. 5.e. City Council Agenda Staff Report Meeting Date: 8/27/2019 Approve a Resolution authorizing a special event permit to Nate Goodell for the Emmitt Smith Gran Fondo cycling event on September 14, 2019. (Ashley Stathatos) SUMMARY: The Emmitt Smith Gran Fondo 94-mile cycling event is coming through Anna on September 14, 2019. The event is from 6:00 am through 11:00 am. Cyclists ride through several area cities and will be in Anna late morning time frame. They do not ride in heavily trafficked areas and stay East of SH 5 and in the Westminster area the majority of their time in Anna. There will be approximately 300 riders spread out over an hour and a half time period. One rest stop will be provided in Anna for the riders to use the facilities and get some hydration. STAFF RECOMMENDATION: Approve the Resolution authorizing a special event permit to Nate Goodell for the Emmitt Smith Gran Fondo cycling event on September 14, 2019. ATTACHMENTS: Description Gran Fondo Resolution Gran Fondo Application Gran Fondo Course Map Upload Date Type 8/22/2019 Staff Report 8/22/2019 Staff Report 8/22/2019 Staff Report CITY OF ANNA RESOLUTION NO. RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT TO NATE GOODELL FOR THE EMMITT SMITH GRAN FONDO CYCLING EVENT. WHEREAS, Nate Goodell has submitted a Special Event Permit application for the Emmitt Smith Gran Fondo cycling event through the City of Anna; and WHEREAS, according to Anna City Code of Ordinances, the City Council shall approve all Special Event Applications; and WHEREAS, staff has reviewed the Special Event Application and finds that Nate Goodell has planned a safe, fun -filled event through the community; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council hereby approves the Special Event Permit to Nate Goodell for the Emmitt Smith Gran Fondo cycling event. PASSED by the City Council of the City of Anna, Texas, on this 27th, day of August 2019. I_la9.100a13 ATTEST: SPECIAL EVENT PERMIT APPLICATION Planning and Development Dept. 3223 N. Powell Pkwy Anna, TX 75409 972-924-2616 APPLICANT / INFORMATION Type of Event: ❑Carnival ❑Circus ❑Festival ❑Parade ❑Tent ❑Other Applicant Name: Address: City: State: Zip Code: Phone#: Email: Date: *Note: Applications must be filed at least 30 days in advance. APPLICATION 1 DEPOSIT 1 INFORMATION Application Fee $50 non-refundable Deposit $300 refundable ❑ Same Information As Above (if not the same, complete the next two lines) Issue Deposit Refund To: Address: City: State: Zip Code ACTIVITY INFORMATION Dates of Activity: Reservation Time Block: Type of Activity (explain purpose of activity): Estimated Number of People Attending Activity: Reservation Location: Will Food and/or Beverages be on -site for the activity? ❑ Yes ❑ No Will Alcohol be served or sold? ❑ Yes ❑ No if yes, include request letter) If yes, please indicate who the vendors are (food and drinks): Please identify all other activities & structures (bounce house, tents, music, sports, games, etc.): *If City Resources (Personnel, equipment and supplies) are used, the cost of Resources will be covered by the event sponsor. SPECIAL EVENT RULES CITY CIF AN NA, T F XA.F Booths, Tents, or Canopies: If your event will include any tents or canopies, please provide a copy of the "Certificate of Fire Retardant' for each such device when submitting the permit application. All booths that will be cooking on -site, must meet all applicable fire codes for the City of Anna. Fire extinguishers must be supplied and are required for entry. Food and Beverages: All vendors must be in compliance with all state and local laws. A copy of appropriate licenses should be on site during the event. The Applicant shall provide with this application a list of all food and beverage vendors participating in the event so that the vendors can be pre -approved through the County Health Department. Alcoholic Beverages: Alcohol consumption or sales is prohibited on City property including parks, a public street, sidewalk or parking area adjacent to a public park, unless expressly authorized by the written permission of the City Council authorizing consumption of alcohol in a City Park in connection with an approved Special Event. Security, Crowd Control, and Traffic Control: The applicant may be required to provide police officers for security, crowd control, and traffic control at the Special Event. Expenses for the Officers will be paid by the event organizers. The total number of police officers working the Special Event is determined by the City of Anna Police Chief. Planning variables include: the estimated number of people, the availability of alcoholic beverages, topography and size of the event, weather conditions, the time of day during which the Special Event is held, the need for street closures or re-routing of vehicular or pedestrian traffic, and the history of the Special Event. Insurance: Insurance is required for all special events at which the attendance is estimated at over 250 people. It may be required for events with fewer people if food or alcohol is sold or given away or activities are of a physical nature that would warrant insurance. The City reserves the right to review and determine amount of coverage required based on level of activity at the Special Event. Each policy will name the City of Anna as an additional insured and a copy of the Certificate of Insurance will be submitted to City Hall one week before the event start date. Indemnity Agreement: As a condition of the Special Event Permit being issued, the Applicant acknowledges that he/she has voluntarily applied for a Special Event Permit that in consideration of the privileges associated therewith, Applicant agrees to PROTECT, DEFEND, INDEMNIFY, and HOLD HARMLESS, the City of Anna, its officers, agents, and employees, from and against any claim, proceeding, cause of action, judgment, penalty, or any other cost or expense arising or growing out of , associated or in connection to the Special Event. The indemnification includes, but is not limited to, losses, damage, or liability on account of injury, death or otherwise, to any person or damage to any property, arising from any negligent act, error or omission of the KPI undersigned, its officers, employees or agents, arising out of, resulting from, or caused by any act occurring as a result of the exercise of the privileges granted by this permit. Applicant agrees that this indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the state of Texas, and that if any portion is held invalid, then it is agreed that the balance shall; notwithstanding, continue in full legal force and effect. I do solemnly swear (or affirm) that all the answers given and statements made on this application and supporting documents are full, true, and correct to the best of my knowledge and beliefs. I have been given a copy of the Anna City Code ordinance Part II, Article 47 and have read the provisions contained therein and agree to abide by them. Applicant Name: Signature: Date: Submittal Requirements: d 1. Completed application with signatures and contact information. 2. Submit application fee ($50) and deposit ($300). (Ord. No. 410-2008; Checks payable to the City a ofAnna) w 3. Map of Event area. 4. List of food and beverage vendors and/or copy of current license from vendor. 5. Statement of Intent to obtain Insurance and/or Proof of Insurance. ( A copy of the Certificate of Insurance is due a minimum of one week before event start date) co 6. Letter of request if alcohol is desired. For Office Use Only: Date Application & Deposit Received $300 : Date Application Fee Received $50 : Received By: Received By: Cash or Check # Cash or Check # Receipt #: Receipt #: Required Documents Rec'd: ❑ Completed Application ❑ Insurance ❑ Food Vendor List ❑ Sound System ❑ Map ❑ Alcohol Request (optional) ❑ Other: ❑ Other: ❑ Approved by: ❑Permit Issued Date: Assign Date of Parks Board Review of Application: put date in blank and notify Applicant. 0 EM M ITT SMITH' GRAN FONDO" PRESENTED BY i TOYOTA Course • Mile Marker Start / Finish ORest Stop McKI � -Ad ' '[6 a 6i2L: FM 546 FM 1 510 ft. 497 800 ft.- 600 ft.- midA ELEVATION GAIN: 3,271 ft WESTMINSTER 529 584 160 HOUSTON ST GRAYBILL RD • 79 2862 121 78 = m 424 s„ j Q 633 u N WHITE ST z 2862 633 BLUE 121 RIDGE 981 545 W FM 545 w w 78 a O • W Z ALTOGA OEY Y U w Z 4os Z 406 O J N 380 • MONTE CARLO BLVD 1377 496 PRINCETON m n m f l �F� IF !� m m LOWRY 0 CROSSING 546 PSR . Y RD W LUCAS RD ��JG D Z 9 PARKER RD Z 3 C SOUTHFORK RANCH K DISTANCE IN MILES THE CITY OF AiAtia AGENDA ITEM: Item No. 6. City Council Agenda Staff Report Meeting Date: 8/27/2019 Consider/Discuss/Action on a Resolution Amending the Dates and Times for the Public Hearing on the Tax Rate (Finance Director Dana Thornhill) SUMMARY: On August 13, 2019, Council approved resolution 2019-08-603 naming the maximum tax rate and setting the dates and times for the public hearings on the tax rate. The City is then required to place a publication in the newspaper in order to notify citizens of the proposed tax rate and the dates and time of the public hearings. The City advised the County of the proposed tax rate and dates and times on the public hearings. The County then works with the Anna Melissa Tribune to ensure that the publication is correctly placed. As per the Tax Code Section 26.06, the hearings cannot occur sooner than 7 days after the date of the publication. Due to the publication being inadvertently omitted on the part of the newspaper (the Anna Melissa Tribune) on the requested date of publication, August 15th, the City will need to amend and reset the dates and times of the Public Hearings on the Tax Rate. The publication was later published by the newspaper on August 22nd. The new proposed dates and times for the public hearings will be as follows: September 3, 2019 at 6:30 P.M. - 1 st Public Hearing on the Budget September 10, 2019 at 7:30 P.M. - 2nd Public Hearing on the Budget STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution amending the dates and times of the Public Hearing on the Tax Rate. ATTACHMENTS: Description Upload Date Type Resolution Amending Dates & Times of the Public 8/21/2019 Staff Report Hearing on the Tax Rate CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS AMENDING RESOLUTION NO. 2019-08- 603 SETTING THE DATES AND TIMES FOR PUBLIC HEARINGS ON THE 2019 TAX RATE WHEREAS, on August 13, 2019, the City Council of the City of Anna, Texas approved a Resolution naming the dates and times on the public hearings on the Tax Rate; WHEREAS, The Council wishes to hold public hearings on the tax rate as stipulated in Texas Tax Code; WHEREAS, Section 26.06 of the Texas Tax Code states the hearings cannot occur sooner than 7 days after the notice of the dates and time of the public hearing are published in the official newspaper; WHEREAS, The Notice was published in the Anna Melissa Tribune on August 22, 2019; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Setting Dates and Times for Public Hearing The Council hereby sets September 3, 2019 at 6:30 p.m. and September 10, 2019 at 7:30 p.m. as the date and time for the public hearings on the 2019 tax rate, said hearings to be held in the City Council Chambers of the Municipal Building located at 111 N. Powell Parkway in Anna, Texas. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 27th day of August, 2019. ATTEST: APPROVED: Carrie L. Smith, City Secretary Nate Pike, Mayor RES. PAGE 1 OF 1 THE CITY OF AiAtia AGENDA ITEM: Item No. 7. City Council Agenda Staff Report Meeting Date: 8/27/2019 Consider/Discuss/Action on a Resolution of approving and authorizing the City Manager to Execute an Agreement with Birkhoff, Hendricks & Carter LLP for preliminary and final engineering services for Capital Sewer Expansion. (Public Works Director Greg Peters) SUMMARY: The Hurricane Creek Regional Sanitary Sewer expansion project includes more than 48,000 linear feet of sanitary sewer improvements across multiple phases, which are required to provide City sewer to development projects west of US 75 in the City of Anna. The project is included in the City's Wastewater Collection System Master Plan and is a critical component to the long-term growth of the community. This agenda item authorizes the funding of engineering design, land surveying, and construction administration services required to construct the first two phases of the project, known as Task A and Task B. Also included are the engineering and land surveying services required to begin the preliminary design and easement acquisition process for Task C. At the June 26, 2018 City Council Meeting, the City Council approved resolution 2018-06-456 authorizing the preliminary engineering and land surveying work required to begin the easement acquisition process related to the first two phases of the Hurricane Creek Regional Sanitary Sewer expansion project, known as Task A and Task B. On July 2, 2018, the Interim City Manager executed a General Engineering Services Task Order with Birkhoff Hendricks & Carter, L.L.P. which included the engineering services approved by the City Council in June, along with a formal scope full surveying, design, and construction administration services required for the full build -out of the Hurricane Creek Regional Sanitary Sewer project. This scope was broken down into individual tasks, each of which require City Council authorization prior to beginning work. The Task Order is attached as Exhibit A. The preliminary engineering and surveying is complete, and the necessary easement documents have been prepared. The City is currently negotiating the purchase of the necessary easements, and is ready to move forward with final engineering and construction administration for Task A and Task B. The construction of the sewer system included in Task A and Task B is critical to the development of Hurricane Creek, which the developer is currently moving forward towards final plans and construction. Task C includes the western expansion of the Hurricane Creek Regional Sanitary Sewer project, and is a critical component for future development of Oak Ridge. Staff is recommending that Birkhoff, Hendricks & Carter be authorized to complete the work required within Task C to allow for the setting of the project alignment and the acquisition of easements so that the City is ready to move forward when the Oak Ridge developer begins the formal planning, zoning, and engineering processes required for development. Attached Exhibit B - Project Details and Map provides additional information regarding the project scope, cost, and a map for reference. The total cost to fund the proposed work in Task A, B, and C is $567,760.00. The proposed funding source is Sanitary Sewer Impact Fees. This agenda item authorizes the funding of engineering design, land surveying, and construction administration services required to construct the first two phases of the Hurricane Creek Regional Sanitary Sewer expansion project, known as Task A and Task B. Also included are the engineering and land surveying services required to begin the preliminary design and easement acquisition process for Task C. STAFF RECOMMENDATION: Staff recommends approval of a resolution of the City of Anna, Texas approving and authorizing the City Manager to fund preliminary and final engineering services, as identified in the executed task order by and between the City of Anna, Texas and Birkhoff, Hendricks & Carter, LLP, for the Hurricane Creek Regional Sewer Project in an amount not to exceed five hundred sixty seven thousand seven hundred sixty dollars and zero cents ($567,760.00), as shown in Exhibit "A' attached hereto, and providing for an effective date. ATTACHMENTS: Description Upload Date Type Exhibit A - Executed Task Order 8/21/2019 Exhibit Exhibit B - Project Details and Map 8/21/2019 Exhibit Consultant Email with confirmed costs 8/21/2019 Backup Material Resolution - Hurricane Creek Sewer Task B C Funding 8/21/2019 Resolution BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave,, Suite 600 Dallas, Texas 75243 Phone (214) 361-7900 www.bhcllp.com JOHN W. BIRKHOFF, P.E. GARY C. HENDRICKS, P.E. JOE R. CARTER, P.E. MATT HICKEY, RE, ANDREW MA'rA, JR,, P.E, JOSEPH T. GRAJEWSKI,111, P.E. DEREK B. CHANEY, P.E CRAIG M. KERKHOFF, RE, Mr. Joseph Johnson Director of Public Works City of Anna I I I North Powell Parkway Anna, Texas 75409 Re: General Engineering Services — Task Order Hurricane Creek Regional Sanitary Sewer Dear Mr. Johnson: June 6, 2018 In accordance with your request and our existing general engineering services agreement, we are pleased to submit this General Services Task Order letter for services related to the preparation of specifications, bidding documents and contract administration for: The Hurricane Creek Regional Sanitary Sewer GENERAL PROJECT DESCRIPTION This project consists of approximately 48,700 linear feet of sanitary sewer pipe ranging in size from 36-inch to 12-inch. Generally, the project is within the East Fork Trinity and Hurricane Creek drainage basins, with a small segment extending the existing Throckmorton Creek sanitary sewer line to the north. For the purpose of design and construction phasing, as well as 31 party participation, the project is separated into six (6) segments, as indicated in Table 1 and shown in the enclosed "Exhibit A". General descriptions of the six project elements are as follows: TBPE Firm 526 WEC Wellness Firm --* Better Decisions - Better Designs TBPLS Firm 100318-00 IM015 conide0annaU018 hurricane creek regional sewtMurricane creek regional sanitary sewer task order. docx Mr. Joseph Johnson General Services Task Order: Hurricane Creek Sanitary Sewer June 6, 2018 Page 2 of 13 Project A: 36-inch sanitary sewer line along the east side of the East Fork Trinity River. Limits are from the existing regional Throckmorton Sanitary Sewer line to the convergence of the East Fork and Hurricane Creek. Project B: 30-inch and 33-inch sanitary sewer along the east side of Hurricane Creek. Limits are from the convergence of the East Fork and Hurricane creek to the south side of FM 455. These sanitary sewer sizes are in compliance with the build -out sizes shown on the City's sanitary sewer Masterplan. Project C. 18-inch sanitary sewer along the east side of the East Font Limits are from the convergence of the East Fork and Hurricane Creek up approximately 3, 750 LF up the East Fork basin. Project D: 27-inch and 30-inch sanitary sewer along the east side of Hurricane Creek. Limits are from the south side of FM 455 to the south end of the Mantua development. With topographic limitations, three (3) sanitary sewer connection points far the Mantua development will be required. This project will extend to the western most portion of the development. These sanitary sewer sizes are in compliance with the build -out sizes shown on the City's sanitary sewer Masterplan. Project E: 12-inch sanitary sewer that will connect to Project D above. This project will provide a sanitary sewer connection point to the middle portion of the Mantua development (west side of US 75). Project F. 15-inch sanitary sewer line that will extend the existing Throckmorton sanitary sewer line. This line will serve the eastern connection point of the Mantua development adjacent to the east side of US 75. This line size is in compliance with the build -out size shown in the City's sanitary sewer Masterplan. TBPE Firm 526 ACEC AHIP Firm _-;� Better Decisions -Better Designs TBPLS Firm 100318-00 IA?015 contdov\anna\2018 hurricane creek regional smerlhurticane creek regional sanitary sever task order.docu Mr. Joseph Johnson General Services Task Order: Hurricane Creek Sanitary Sewer June 6, 2018 Page 3 of 13 Based on our understanding of the project requirements, our opinion of probable project budget is summarized below: Table 1- Opinion of Probable Project Budget Project A Project B Project C Project D Project E Project F Total Opinion of Probable Construction Cost $6,104 874 $2 345 044 $893 074 $3 078 652 $811 519 $1 037 264 $14 270 427 '' Bonds, Insurance & Mobilization $122,098 $46,901 $17,861 $61,573 $16,230 $20,745 $285,409 31 Party Inspection Services $91,573 $35,176 $13,396 $46,180 $12,173 $15,559 $214,056 Quality Control & Material Testu> $152,622 $58,626 $22,327 $76,966 $20,288 $25,932 $356,761 Land Rights Acquisitions 1 $750,000 $327,135 $200,000 $323,002 $172,176 $196,281 $1,968,595 Prelimina " En ineerin Part I. (A - B) 60% Design $250,379 $107 723 $47,105 $135 040 $45 389 $54,141 $634' 602 Part V (A - D) Additional Services (Survey, Plat & FIN, Clearing, Meetings, $112,375 $69,000 $17,625 $70,250 $30,000 $28,375 $327,625 Expenses) Final En ineerin Part II - IV Final Design to 100%, $293,797 $121,883 $53,295 $148,947 $49,365 $60,062 $733,677 Bidding & Const. Admin, Part V (E - F) Additional Services $11,350 $6,700 $6,800 $11,100 $4,800 $5,950 $46,750 Geotech, Expenses) Total Project Budget $7,834,068 1 $3,084,938 1 $1,266,983 1 $3,767,108 1 $1,151,940 1 $1,437,309 1 $18,542,396 A copy of our itemized opinion of project budget for each project segment is attached as Appendix A for reference only. WE Firm 526 ACEC AHIP firm =;� Better Decisions -Better Designs TBPLS Firm 100318-00 1A7015 conidev\anna\2018 hurricane creek regional sewer\hurricane creek regional sanitary sewer task order docx Mr. Joseph Johnson General Services Task Order: Hurricane Creek Sanitary Sewer June 6, 2018 Page 4 of 13 SCOPE of SERVICES It is anticipated that each of the six (6) segments will be designed, bid and constructed as separate and stand-alone projects. The scope of services below applies to all six (6) segments individually. Part I: Preliminary Engineering Phase A. Preliminary Engineering Report pertaining to the design flows and considered route of the project B. Set the alignment and preliminary grade of the project in order prepare and provide permanent sanitary sewer and temporary construction easement plat and field notes to the City for land right acquisition purposes. Two (2) Design review meetings are included with the Preliminary Engineering Phase. Part II: Final Design Phase Preparation of construction plans and specifications for the following: A. Construction Plan -Profile Sheets prepared at a scale of not less than 1 '= 20'. B. Standard Details. C. Special Details. D. Cover Sheet, Location Map and Sheet Index. E. Submittals to State Regulatory Agencies, as required. F. Preparation of required Texas Department of Transportation permits, as required. G. Coordination with other Franchise Utility companies. H. Three (3) Design review meetings. I. Opinion of Probable Construction Estimate. J. Preparation of Specifications and Contract Documents. K. Assist in procuring geotechnical engineering information or reports as the project requirements dictate. L. Printing of preliminary plans and specifications for review by the City. TBPE Firm 526 4CEC 11HIP rirnt =;� Better Decisions - Better Designs TBPLS Firm 100318-00 I:W015 contdc0anna\2018 hurricane creek regional sewerlhurricano creek regional sanitary sewer task order docx Mr. Joseph Johnson General Services Task Order: Hurricane Creek Sanitary Sewer June 6, 2018 Page 5 of 13 Part III: Bidding Phase A. Assist the City staff in advertising for bids. This will include e-mailing "Notice to Contractors" to contractors experienced in this type of construction. City will have Notice published in local newspaper. B. Posting the plans for bid advertisement on Civcast. C. Provide bidding documents to City of Anna, Dodge Reports, and two other parties requested by the City. D. Assist during opening of bids and provide bidding tally sheets. E. Provide bid tabulation to City and contractors who submitted bids. F. Obtain the following information from the lowest bidder: 1. Past work history. 2. Physical resources to produce the project. Formulate opinion from information received and provide the City a summary of the opinion for their use in selection and award of the construction contract. G. After award of contract, furnish ten sets of prints of the final plans, specifications and contract documents to the City for construction use by the City and Contractor. Part IV: Construction Phase A. Attend a pre -construction conference, including preparing an agenda. B. Attend coordination meetings with contractor, quality control personnel, and City representatives to discuss strategy, problem areas, progress, and any required coordination. C. Review shop drawings and other submittal information, which the Contractor submits. This review is for the benefit of the Owner and covers only general conformance with information given by the Contract Documents. The contractor is to review and stamp their approval on submittals prior to submitting to the Engineer. Review by the Engineer does not relieve the Contractor of any responsibilities, safety measures or the necessity to construct a complete and workable facility in accordance with the Contract Documents. TBPE Firm 526 ACEC AHIP Firm Better Decisions -Better Designs TBPLS Firm 100318-00 IA7015 conldevlannal2018 hurricane creek regional sewerlhurricane creek regional sanitary sewer task order,doex Mr. Joseph Johnson General Services Task Order: Hurricane Creek Sanitaty Sewer June 6, 2018 Page 6 of 13 D. Provide written responses to requests for information or clarification to City or Contractor. E. Prepare and process routine change orders for this project as they pertain to the original scope of work. F. Make periodic site visits during construction as the project requirements dictate. Minimum of one project site visit per month. G. Review monthly pay request from information obtained in the field. H. Accompany the City during their final inspection of the project. I. Recommend final acceptance of work based on information from the on -site representative. J. Prepare Record Drawings. Utilizing on -site representative and Contractor construction record information, consultant will prepare electronic image files in Adobe Acrobat file format and ACAD.dwg file format. Part V: Additional Services A. Design, Property and Construction Control Surveys B. Preparation of Plat and Field Note Descriptions for expected sanitary sewer easements required. Thirty-six (36) easement descriptions are included for the purpose of establishing a budget for this phase of work. C. Clearing of the proposed project route for access by the Geotechnical equipment and field surveys as required. D. Additional Design & Coordination meetings with project stakeholders above and beyond those identified in Part I and Part 11(H). E. Geotechnical Evaluations and recommendations. The Geotechnical evaluation and report will be performed by a sub -consultant to be approved by the City of Anna. F. Printing of final plans and specifications for distribution to prospective bidders and the successful contractor. TBPE Firm 526 ACEC ATI1P Firm =;� Better Decisions -Better Designs TBPLS Firn1 100318-00 IA7015 contde onna\2018 hurricane creek regional sewerlhurricane creek regional sanitary sewer task order, ducx Mr. Joseph Johnson General Services Task Order: Hurricane Creek Sanitary Sewer June 6, 2018 Page 7 of 13 Part V: Exclusions The intent of this scope of services is to include only the services specifically listed herein and none others. Services specifically excluded from this scope of services include, but are not necessarily limited to the following: A. Environmental impact statements and assessments. B. Fees for permits or advertising. C. Certification that work is in accordance with plans and specifications. D. Environmental cleanup. E. Fiduciary responsibility to the City. F. Trench safety designs. G. Quality control and testing services during construction. H. Services in connection with condemnation hearings. I. Phasing of Contractor's work. J. On -site safety precautions, programs and responsibility. K. Consulting services by others not included in proposal, L. Revisions and/or change orders as a result of revisions after completion of original design (unless to correct error on plans). M. Traffic engineering report or study. N. Title searches. O. Land Rights Acquisition Services TBPE Firm 526 ACEC AHIP Firm =;� Better Decisions -Better Designs TBPLS firm 100318-00 117015 conrdevlanna\2018 hurricane creek regional sewerlhurricane creek zegionul sanitary sewer task order.docx z a O N N CN NO OO 00 00 00 N ai N N .0 +. F N N N N O N N a 5 ElN ° ti •� A A A w w 4 ti ti - w 00 00 ON N N N O N N rn (T Cn N N O d O O N N N 00 N N N N 1 4 O Fa N C'4 N 0 P O p z A d d z Q A �, d A 00 0 00 00 O N o N O O NI. N cliH d� (D O vj N N N (� N n cd m N c*) 00 0o a\ V O N N N O N O O O 00 o 00 N �D D; CD N N N O N N 1 N CD 00 N N o0 p O N a4"i a`i aFi k t .cCCi .fl N N N N N N N Q N N U - 7 O O O U N N *� ti z z z w w O A A d 00 N00 00 o, O y - 0-0 *N- '""" N .""' N O N O N rn a\ O N N O No •p O O N M et .�-• � O N N N N M O N 'Ir p 00 .M. v N pyp 00 00 00 00 N N N O N O ++ 00 CO — C) N_ O N 8 N — o N O� Q� N •p CV N N N N N a� N N Vr O N C14O O N �p L 't N a d v� N cn O z Ca � d d cC v as � � 3 q U z "� N b4 G' •b �+ 0 U Q o o W i o abi won u o 0 F. ti b ° Q+ U _ .� O O ° O O z a° a Oq U r U a O U z U F4 Mr. Joseph Johnson General Services Task Order: Hurricane Creek Sanitary Sewer June 6, 2018 Page 9 of 13 FEE NOT TO EXCEED AMOUNT City may choose to authorize any or all of the six (6) project elements without affect to the scope of services or fee to any project elements not authorized at this time. Preliminary Engineering - Basic Services Payment for the Preliminary Engineering Design Phase portion of the Basic Services described under Parts I shall be on a Lump Sum Basis in the following Amounts: Part I Project A Pro'eet B Project C Project D Project E Project F Total A. Preliminary $10,000 $8,000 $3,500 $8,000 $5,000 $5,000 $39,500 Engineering Report B. Preliminary $240,379 $99,723 $43,605 $127,040 $40,389 $49,141 $595,102 Alignment & Grade Total Prelim $250,379 $107,723 $47,105 $135,040 $45,389 $54,141 $634,602 Engineering Basic Service Preliminary Engineering - Additional Services For the Additional Services included with the preliminary engineering, we propose to be compensated on a salary cost basis times a multiplier of 2.41, with expenses at actual invoice cost times 1.15. The survey crew will be billed at a crew rate of $165 per hour. Automobile mileage for additional services will be invoiced at $0.55 per mile. We suggest you budget approximately $327,625 in the following amounts for our services for this nroiect: Project A Project B Project C Project D Project E Project F Total A. Design and $28,875 $19,250 $9,62 $$19,250 $11,000 $12,375 $100,375 Boundary Surveys B. Preparation of Plat $38,500 $24,500 $7,000 $28,000 $14,000 $14,000 $126,000 and Field Note Descriptions C. Route Clearing $40,000 $22,250 $20,000 $3,000 $85,250 D. Additional Design $5,000 $3,000 $1,000 $3,000 $2,000 $2,000 $16,000 Meetings Total Prelim $112,375 $69,000 $17,625 $70,250 $30,000 $28,375 $327,625 Engineering Additional Service Not to Exceed Amounts TBPE Firm 526 ACEC AMP Fire: =;> Better Decisions - Better Designs TBPLS Firm 100318-00 11701 S conldev%nnna\201 g hurricane creek regional sewerlhurricana creek regional sanitary sewor task order docx Mr. Joseph Johnson General Services Task Order: Hurricane Creek Sanitary Sewer June 6, 2018 Page 10 of 13 Final Design - Basic Services Payment for the Final Design Phase portion of the Basic Services described under Parts II, III and, IV shall be on a Lump Sum Basis in the following Amounts: Project A Project B Project C Project D Project E Project F Total Part II: Design Phase $160,253 $66,482 $29,070 $84,694 $26,926 $32,761 $396,736 (Final) Part III: Bidding Phase $16,025 $11,080 $4,845 $14,116 $4,488 $8,736 $58,715 Part IV: Construction $117,519 $44,321 $19,380 $56,462 $17,951 $18,565 $271,898 Phase Total Basic Services Lump Sum Fee $293,797 $121,883 1 $53,295 $155,275 _ $49,365 $60,062 $733,b77 Final Design - Additional Services For the Additional Services to be included in the Final Design, we propose to be compensated on a salary cost basis times a multiplier of 2.41, with expenses at actual invoice cost times 1.15. Automobile mileage for additional services will be invoiced at $0.55 per mile. We suggest you budget approximately $46,750 in the following amounts for our services for this project: Project A Project B Project C Project D Project E Project F Total E. Geotechnical $9,850 $5,550 $6,300 $9,900 $4,300 $5,200 $41,100 Evaluation and Report F. Printing of Plans & $1,500 $1,200 $500 $1,200 $500 $750 $5,650 Specifications Total Additional Service $11,350 $6,750 $6,8000 $11,100 $4,800 $5,950 $46,750 Not to Exceed Amounts Texas Board of Professional Land Surveying Contact Information Recipients of professional land surveying services under this agreement may direct complaints regarding such services to the Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, MC 230, Austin, TX 78753, Phone (512) 239-5263, Fax (512) 239-5253. WE Firrn 526 ACEC AHIP Firrn =;� Better Decisions - Better Designs WLS Fir» t 100318-00 1A7015 contdev\anna\20l$ hurricane creek regional sewerlhurricano creek regional sanitary sewer task order.docx Mr. Joseph Johnson General Services Task Order: Hurricane Creek Sanitary Sewer June 6, 2018 Page 11 of 13 If this General Engineering Services Agreement Task Order meets with your approval, please sign and return one set to our office along with your directive to proceed. We look forward to working with you on this important project for the City of Anna and are available to discuss this task further at your convenience. Sincerely yours, /Craig�M. Kerkhoff, P.E., C.F.M. Partner ATTEST: to Gary C�44endricks, Alter ate Managing Partner PRELIMIA ENGINEERING APPROVED FOR THE CITY OF ANNA, TEXAS BY. Mr. Maurice Schwanke, City Manager Date FINAL DESIGN APPROVED FOR THE CITY OF ANNA, TEXAS By: Mr. Maurice Schwanke, City Manager Date TBPE Firm 526 . ACEC AHIP Firm =;> Better Decisions - Better Designs TBPLS Firm 100318-00 1:17015 conlde0annaN2018 hurricane creek regional sewer\hunicane creek regional sanitary sewer task order docx Mr. Joseph Johnson General Services Task Order: Hurricane Creek Sanitary Sewer June 6, 2018 Page 12 of 13 Exhibit A - Project Location Map PROJECT E ( ) } IJ 5,000 L.F. 12' fit kn rl L fi;IURP Ct�iIIK COUNt 1'I)lrll•H UH7V- �r _F ' , ,';'!14 ` �f - — PROJECT A----. \ — (15250 L.F. 36") _ 2j 1 BIR 'HOFF, CIEDi44R Kli & CARTER L.L.P. J NrUY61370AtCi7.(rlliFFRS 1t'- C „,"' (J ,.o•s w�+r s., itt ur7 )lu i it: X � C `'t '7 !i i L4N,�,TM{.t`3� //11 ''��yy....��AA�� A: MAY,M4 '°�1�f1 �i1 TBPE Firm 526 ACEC AHIP Finn Better Decisions - Better Designs TBPLS Firm 100318-00 IA7015 contricAanna\2018 hurricane creek regional sew0hurricane creek regional sanitary sewer task order.doex Mr. Joseph Johnson General Services Task Order; Hurricane Creek Sanitary Sewer June 6, 2018 Page 13 of 13 Appendix A — Opinion of Probable Project Cost (Follows this page) TBPE Firm 526 ACECAHIP Firm ---* Better Decisions - Better Designs TBPLS Firm 100318-00 k17015 conldevtanna\2018 hurricane creek regional seweAhurricane creek regional sanitary sewer task order dom BIRKIIOFF, HENDRICKS & CARTER, L.L.P. Project No. PROFESSIONAL ENGINEERS Texas Flan F526 Client: City of Anna, Texas Date: Project: Hurricane Creek Regional Trunk Sewer Project A - 15,250 L.F. 36-Inch PVC Sanitary Sewer By: ENGINEER'S OPINION OF CONSTRUCTION COST Project A 6-Jun-18 CMK Item No. Description lQuantityl Unit I Price I Amount 1 Furnish & Install 36-Inch Sanitary Sewer w/Embedment by Open Cut 14,650 L.F. $ 200.00 $ 2,930,000.00 2 Furnish & Install 36-Inch Sanitary Sewer w/Steel Encasement Pipe by Open Cut (Collin County Outer Loop) 500 L.F. $ 1,500.00 $ 750,000.00 3 Furnish & Install 36-Inch Sanitary Sewer Creek Crossing 100 L.F. 1 $ 2,000.00 $ 200,000.00 4 Furnish & Install 6-Foot Diameter Manhole w/Pressure Type Frame & Cover w/Epoxy Coating (I5-footDepth) 9 Ea. $ 16,000.00 $ 138,000.00 5 Furnish & Install 6-Foot Diameter Manhole w/Pressure Type Frame & Cover & Vent Assembly w/Epoxy Coating (15-foot Depth) 30 Ea. $ 20,000.00 $ 600,000.00 6 Furnish & Install Flow Meter I Ea. $250,000.00 $ 250,000.00 7 Furnish, Install, Water, Fertilize & Establish Hydromulch 67,334 S.Y. $ 4.00 $ 269,336.00 8 Furnish Trench Safety Plan I L.S. $ 4,000.00 $ 4,000.00 9 Implement Trench Safety Plan 15,250 L.F. $ 7.00 $ 106,750.00 10 Furnish Storm Water Pollution Prevention Plan I L.S. $ 5,000.00 $ 5,000.00 11 Furnish, Install, Maintain & Remove Erosion Control Measures 15,250 L.F. $ 2.00 $ 30,500.00 12 Furnish, Install, Maintain & Remove Traffic Control Measures 1 L.S. $ 25,000.00 $ 25,000.00 Construction Subtotal: $ 5,308,586.00 Contingencies and Miscellaneous Items 15% $ 796,288.00 Construction Total: $ 6,104,874.00 Bonds, Insurance and Mobilization 2% $ 122,097.48 Land Rights Acquisition (40-Ft Permanent San. Sew, Easement): 15 Ac. $ 50,000.00 $ 750,000.00 Professional Services: $612,901 Inspection Services 1.5% $ 91,573.11 Materials Testing: 2.5% $ 152,621.85 Project Total: $ 7,834,067.44 USE: $ 7,835,000.00 LA7015 ContDev\Anna\201 S Hurricane Creek Regional SewerTrelinninary EOC w Mantua AS Page 1 of I BIRKHOFF, HENrRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS Texas Fzrrn F526 Client: City of Anna, Texas Project Hurricane Creek Regional Trunk Sewer Project B -1,400 L.F. 33-Inch & 8,100 L.F. 30-Inch PVC Sanitary Sewer Project No. Project B Date: 6-Jun-18 By: CMK ENGINEER'S OPINION OF CONSTRUCTION COST [tem Nol Description I Quantityl Unit I Price IAmount 1 Furnish & Install 33-Inch PVC Sanitary Sewer w/Embedment by Open Cut 1,400 L.F. $ 175.00 $ 245,000.00 2 Furnish & Install 30-Inch PVC Sanitary Sewer w/Embedment by Open Cut 8,100 L.F. $ 150.00 $ 1,215,000.00 3 Furnish & Install 6-Foot Diameter Manhole w/Pressure Type Frame & Cover w/Epoxy Coating (I5-footDepth) 17 Ea. $ 16,000.00 $ 268,000.00 4 Furnish & Install 6-Foot Diameter Manhole w/Pressure Type Frame & Cover & Vent Assembly w/Epoxy Coating (15-foot Depth) 9 Ea. $ 20,000.00 $ 180,000.00 5 Furnish, Install, Water, Fertilize & Establish H dromulch 4,667 S.Y. $ 4.00 $ 18,668.00 6 Furnish Trench Safety Plan 1 L.S. $ 3,000.00 $ 3,000.00 7 Implement Trench Safety Plan 9,500 L.F. $ 7.00 $ 66,500.00 8 Furnish Storm Water Pollution Prevention Plan 1 L.S. $ 4,000.00 $ 4,000.00 9 Furnish, Install, Maintain & Remove Erosion Control Measures 9,500 L.F. $ 2.00 $ 19,000.00 10 Furnish, Install, Maintain & Remove Traffic Control Measures 1 L.S. $ 20,000.00 $ 20,000.00 Construction Subtotal: $ 2,039,168.00 Contingencies and Miscellaneous Items 15% $ 305,876.00 Construction Total: $ 2,345,044.00 Bonds, Insurance and Mobilization 2% $ 46,900.88 Land Rights Acquisition (30-Ft Permanent San. Sew. Easement): 7 Ac. $ 50,000.00 $ 327,134.99 Professional Services: $272,106 Inspection Services 1.5% 1 $ 35,175.66 Materials Testing: 2.5% $ 58,626.10 Project Total: $ 3,084,987.63 USE: $ 3,085,000.00 LA7015 ContDcY\Mna\2018 Hurricane Creek Regional SewerTreliminary EOC w MantuaAs Page 1 of I BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS Texas Ftrin F526 Client: _City of Anna, Texas Project: Hurricane Creek Regional Trunk Sewer Project C - 3,750 L.F. 18-Inch PVC Sanitary Sewer Project No. Project C Date: 6-Jun-18 By: JRI ENGINEER'S OPINION OF CONSTRUCTION COST Item No. I Description JQuanti(yl Unit I Price I Amount 1 Furnish & Install 18-Inch PVC Sanitary Sewer w/Embedment by Open Cut 3,550 L.F. $ 120.00 $ 426,000.00 2 Furnish & Install 18-Inch PVC Sanitary Sewer Creek Crossing 200 L.F. $ 500.00 $ 100,000.00 3 Furnish & Install 5-Foot Diameter Manhole w/Pressure Type Frame & Cover w/Epoxy Coating (I5-footDepth) 7 Ea. $ 12,000.00 $ 88,500.00 4 Furnish & Install 5-Foot Diameter Manhole w/Pressure Type Frame & Cover & Vent Assembly w/Epoxy Coating (15-foot Depth) 4 Ea. $ 16,000.00 $ 64,000.00 5 Furnish, Install, Water, Fertilize & Establish Hydromulch 11,834 S.Y. $ 4.00 $ 47,336.00 6 Furnish Trench Safety Plan l L.S. $ 3,000.00 $ 3,000.00 7 Implement Trench Safety Plan 3,750 L.F. $ 7.00 $ 26,250.00 8 Furnish Storm Water Pollution Prevention Plan I L.S. $ 4,000.00 $ 4,000.00 9 Furnish, Install, Maintain & Remove Erosion Control Measures 3,750 L.F. $ 2.00 $ 7,500.00 10 Furnish, Install, Maintain & Remove Traffic Control Measures l L.S. $ 10,000.00 $ 10,000,00 Construction Subtotal: $ 776,586.00 Contingencies and Miscellaneous Items 15% $ 116,488.00 Construction Total: $ 893,074.00 Bonds, Insurance and Mobilization 2% $ 17,861.48 Land Rights Acquisition (40-Ft Permanent San, Sew. Easement): 4 Ac. $ 50,000.00 $ 200,000.00 Professional Services: $120,325 Inspection Services 1.5% $ 13,396.11 Materials Testing: 2.5% $ 22,326.85 Project Total: $ 1,266,983.44 USE: $ 1,267,000.02ji LA7015 ContDev\Anna\2018 Hurricane Creek Regional SeureAPrelianinary EOC w Mantua As Page I of 1 BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS Texas Firm F526 Client: City of Anna, Texas Project: Hurricane Creek Regional Trunk Sewer Project D -5,100 L.F. 30-Inch & 4,400 L.F. 27-Inch PVC Sanitary Sewer Project No. Project D Date: 6-Jun-18 By: CMK ENGINEER'S OPINION OF CONSTRUCTION COST Item No. Description Quantity I Unit I Price Amount 1 Furnish & Install 30-Inch PVC Sanitary Sewer w/Embedment by Open Cut 4,980 L.F. $ 180.00 $ 896,400.00 2 Furnish & Install 27-Inch PVC Sanitary Sewer w/Embedment by Open Cut 4,400 L.F. $ 165.00 $ 726,000.00 3 Furnish & Install 30-Inch PVC Sanitary Sewer w/ Steel Encaasement by Other Open Cut 120 L.F. $ 1,200.00 $ I44,000.00 4 Furnish & Install 6-Foot Diameter Manhole w/ Pressure Type Frame and Cover and w/ Epoxy Coating (15-foot Depth) 17 Ea. $ 16,000.00 $ 279,200.00 5 Furnish & Install 6-Foot Diameter Manhole w/Pressure Type Frame & Cover & Vent Assembly w/Epoxy Coating (15-foot Depth) 8 Ea. $ 20,000.00 $ 160,000.00 6 Furnish & Install Flow Meter I Ea. $250,000.00 $ 250,000.00 7 Furnish, Install, Water, Fertilize & Establish Hydromulch 31,267 S.Y. $ 4.00 $ 125,068.00 8 Furnish Trench Safety Plan 1 L.S. $ 3,000.00 $ 3,000.00 9 Implement Trench Safety Plan 9,380 L.F. $ 7.00 $ 65,660.00 10 Furnish Storm Water Pollution Prevention Plan 1 L.S. $ 4,000.00 $ 4,000.00 I Furnish, Install, Maintain & Remove Erosion Control Measures 9,380 L.F. $ 2.00 $ 18,760.00 12 Furnish, Install, Maintain & Remove Traffic Control Measures 1 L.S. $ 5,000.00 $ 5,000,00 Construction Subtotal: $ 2,677,088.00 Contingencies and Miscellaneous Items 15% $ 401,564,00 Construction Total: $ 3,078,652.00 Bonds, Insurance and Mobilization 2% $ 61,573.04 Land Rights Acquisition (30-Ft Permanent San. Sew. Easement): 6 Ac. $ 50,000.00 $ 323,002.75 Professional Services: $340,662 Inspection Services 1.5% $ 46,179.78 Materials Testing: 2.5% $ 76,966.30 Project Total: $ 3,927,035.87 USE: $ 3,928,000.00 11 L:\7015 ContDovU na\2018 Hurricane Creek Regional SewerTreliminary EOC w Mantua xis Page 1 of 1 BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS Texas Firin F526 Client: City of Anna, Texas Project: Hurricane Creek Regional Trunk Sewer Project E - 5,000 L.F. 12-Inch PVC Sanitary Sewer Project No. Project E Date: 6-Jun-18 By: ENGINEER'S OPINION OF CONSTRUCTION COST CMK Item No. Description -----FQ—ua-tityl Unit I Price IAmount 1 Furnish & Install 12-Inch PVC Sanitary Sewer w/Embedment by Open Cut 5,000 L.F. $ 80.00 $ 400,000.00 2 Furnish & Install 5-Foot Diameter Manhole w/Epoxy Coating (15-foot Depth) 13 Ea. $ 12,000.00 $ 150,000.00 3 Furnish & Install 5-Foot Diameter Manhole w/Pressure Type Frame & Cover w/Epoxy Coating (15-foot Depth) 2 Ea. $ 16,000.00 $ 32,000.00 4 Furnish, Install, Water, Fertilize & Establish Hydromulch 16,667 S.Y. $ 4.00 $ 66,668.00 5 Furnish Trench Safety Plan 1 L.S. $ 3,000.00 $ 3,000.00 6 Implement Trench Safety Plan 5,000 L.F. $ 7.00 $ 35,000.00 7 Furnish Storm Water Pollution Prevention Plan 1 L.S. $ 4,000.00 $ 4,000.00 8 Furnish, Install, Maintain & Remove Erosion Control Measures 5,000 L.F. $ 2.00 $ 10,000.00 9 Furnish, Install, Maintain & Remove Traffic Control Measures 1 L.S. $ 5,000.00 $ 5,000.00 Construction Subtotal: $ 705,668.00 Contingencies and Miscellaneous Items 15% $ 105,851.00 Construction Total: $ 811,519.00 Bonds, Insurance and Mobilization 2% $ 16,230.38 Land Rights Acquisition (30-FtPermanent San, Sew, Easement): 3 Ac. $ 50,000.00 $ 172,176.31 Professional Services: $119,554 Inspection Services 1.5% $ 12,172.79 Materials Testing: 2.5% $ 20,287.98 Project Total: $ 1,151,940.45 USE: $ 1,152,000.00 LA7015 ContDevWna\2018 Hurricane Creek Regional SewerWreliminary EOC w banns xis Page I of 1 BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS Texas Firm F526 Client: City of Anna, Texas Project: Hurricane Creek Regional Trunk Sewer Project F - 5,700 L.F. 15-Inch PVC Sanitary Sewer Project No. Project F Date: 6-Jun-18 By: CMK ENGINEER'S OPINION OF CONSTRUCTION COST Item No. Description I Quantityl Unit I Price I Amount 1 Furnish & Install 15-Inch PVC Sanitary Sewer w/Embedment by Open Cut 5,600 L.F. $ 95.00 $ 532,000.00 2 Furnish & Install 15-Inch PVC Sanitary Sewer Creek Crossing 100 L.F. $ 350.00 $ 35,000.00 3 Furnish & Install 5-Foot Diameter Manhole w/Epoxy Coating (15-foot Depth) 16 Ea. $12,000.00 $ 192,000.00 4 Furnish, Install, Water, Fertilize & Establish Hydromulch 18,667 S.X. $ 4.00 $ 74,668,00 5 Furnish Trench Safety Plan I L.S. $ 3,000.00 $ 3,000.00 6 Implement Trench Safety Plan 5,700 L.F. $ 7.00 $ 39,900.00 7 Furnish Storm Water Pollution Prevention Plan 1 L.S. $ 4,000.00 $ 4,000.00 8 Furnish, Install, Maintain & Remove Erosion Control Measures 5,700 L.F. $ 2.00 $ 11,400.00 9 Furnish, Install, Maintain & Remove Traffic Control Measures 1 L.S. $10,000.00 S 10,000.00 Construction Subtotal: $ 901,968.00 Contingencies and Miscellaneous Items 15% $ 135,296.00 Construction Total: $ 1,037,264.00 Bonds, Insurance and Mobilization 2% $ 20,745,28 Land Rights Acquisition (30-Ft Permanent San, Sew. Easement): 4 Ac. $ 50,000.00 $ 196,280,99 Professional Services: $141,528.00 Inspection Services 1.5% $ 15,558.96 Materials Testing: 2.5% $ 25,931.60 Project Total: $ 1,437,308.83 USE: $ 1,438,000.00 LA7015 ContDev\AMd\2015 Hurricane Creek Regional Sewer\Prelin6ary EOC w Mantua As Page I of I CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are Interested parties. OFFICE USE ONLY Complete Nos, 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business, 2018-364696 Birkhoff, Hendricks & Carter Dallas, TX United States Date Filed: 06/06/2018 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Anna Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or Identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Hurricane Creek Regional Sewer Professional Engineering Services 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Birkhoff, John Dallas, TX United States X Hendricks, Gary Dallas, TX United States X Carter, Joe Dallas, TX United States X Hickey, Matthew Dallas, TX United States X Mata, Andrew Dallas, TX United states X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Craig M. Karkhotf and my date of birth is Octabor 10,1862 My address is 11910 Greenville Ave, Suite 500 Dallas Texas 75243 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed In Dallas County, State of Texas on the 6th day of June 20 18 (month) (year) Signature of atithorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523 CITY OF ANNA, TEXAS A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AN ENGINEERING TASK ORDER WITH BIRKHOFF, HENDRICKS & CARTER, LLP FOR THE HURRICANE CREEK REGIONAL SEWER PROJECT. WHEREAS; The City of Anna, Texas (the City) has negotiated an engineering service task order with Birkhoff, Hendricks & Carter, LLP for the Hurricane Creek Regional Sewer Project (the Project); and, WHEREAS; the Project will provide the necessary engineering services to enable easement acquisition with only Projects A & B being the initial focus; and, WHEREAS; the engineering services fee for Project A, Part I is in the amount of $250,379 and Part V is in the amount of $67,375; and Project B, Part I is in the amount of $107,723 and Part V is in the amount of $43,750 for a total not -to exceed amount of $469,227; and, WHEREAS; funds are available for the project using collected wastewater impact fees; and, WHEREAS; the Project supports the City's adopted Strategic Plan goals of pursuing targeted economic development and upgrading City facilities and infrastructure; 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. The City Council hereby approves Parts I and V for Project A and B of the 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 task order agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 26t" day of June 2018. APPROVED: Mayor Nate OF A/v ATTEST: d, 4,4_�,t ) City Secretary Carrie L. Smith RESOLUTION: Hurricane Creek Regional Sewer Task M*1_ E „`���PAGE I OF I 6/26/18 Project Details & Map -r- -1 . A • Project Information: 36" trunk sewer from existing Throckmorton Sewer up to convergence of East Fork and Hurricane Creek • Consultant Scope: Final design, bidding, construction administration, geotechnical engineering, additional services at hourly costs • Cost: $350,147.00 • Funding Source: Sewer Impact Fees Task 6 • Project Information: 30" trunk sewer along Hurricane Creek from Task A to FM 455 • Consultant Scope: Final design, bidding, construction administration, geotechnical engineering, additional services at hourly costs • Cost:153,883.00 • Funding Source: Sewer Impact Fees -r- -1. r, • Project Information: 18" trunk sewer along East Fork from Task A to County Road 210 • Consultant Scope: Preliminary engineering report, setting grade and alignment, land surveying, preparation of plat/field notes/exhibits for easement acquisition, additional services at hourly costs • Cost: $63,730 • Funding Source: Sewer Impact Fees NTMWD TRINITY EAST FORK IP.O.E. I CbffJftLCbJMtV0uter Loop FORK FM•455 I Ln N M � x \ D 91 S P.�3�,0 yy Pry' n ♦rH�1%�'�ag� r.1�W \\e v.,rtnm NTMWD THROCKMORTON CREEK P.O.E. CITI CITY OF ANNA CLEI THROCKMORTON CON INTERCEPTOR 3.0 TOTAL PEAK FLOW 12.2 MGD CITY OF ANNA (MH1578) THROCKMORTON CREEK/TRINITY RIVER I CONTRACTED CAPACITY UPSTREAM: 5.6C CONTRACTED CAPACITY DOWNSTREAM: 9 CITY 01 MELISS Greg Peters From: Ryan Henderson Sent: Wednesday, August 7, 2019 12:04 PM To: Greg Peters Cc: Steven Smith Subject: FW: Hurricane Creek Regional Sewer Greg— When you meet with Birkhoff, I expect this item to come up. From: Craig Kerkhoff <CKerkhoff@BHCLLP.COM> Sent: Thursday, July 18, 2019 11:29 AM To: Ryan Henderson <RHenderson@annatexas.gov> Subject: Hurricane Creek Regional Sewer Ryan, As we discussed yesterday, the following tasks for Projects A and B will need to be authorized by council. These tasks will take the projects thru construction. Reminder that items in italics are on an as incurred basis (hourly). If the effort or time spent is less, then the billing stops at that less amount. The other items are lump sum that are billed on a percentage basis pending on the percent completion of that particular task. Proiect A • Final Design ($160,253) • Bidding ($16,025) • Construction Administration ($117,519) • Geotechnical Evaluation and Report ($9,850) • Printing and expenses ($1,500) • Route Clearing ($40,000) • Additional Design Meetings ($5,000) o Total for remaining Project A tasks: $350,147 Project B • Final Design ($66,482) • Bidding ($11,080) • Construction Administration ($44,321) • Geotechnical Evaluation and Report ($5,550) • Printing and expenses ($1,200) • Route Clearing ($22,250) • Additional Design Meetings ($3,000) o Total for remaining for Project B tasks: $153,883 We also discussed starting the preliminary alignment and grade design for Project C, that would serve the Oak Ridge development. The tasks below would allow us to set the pipe alignment and produce the easement exhibits. Proiect C Preliminary Engineering • Preliminary Engineering Report ($3,500) • Preliminary Alignment & Grade ($43,605) • Design & Boundary Surveys ($9,625) • Preparation of Plat & Field Notes ($7,000) o Total for Project C Prelim Engr: $63,730 Please let me I(now if I can provide any additional information. Thankyou Craig M. Kerkhoff, PE, CFM Birkhoff, Hendricks & Carter, L.L.P. TBPE Firm F526, TBPLS Firm 100318 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 (P)214-361-7900 (F) 214-461-8390 Birkhoff, Hendricks & Carter, L.L.P. To excel in consulting municipal engineering through creative, professional and ethical practice CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO FUND PRELIMINARY AND FINAL ENGINEERING SERVICES, AS IDENTIFIED IN THE EXECUTED TASK ORDER BY AND BETWEEN THE CITY OF ANNA, TEXAS AND BIRKHOFF, HENDRICKS & CARTER, LLP, FOR THE HURRICANE CREEK REGIONAL SEWER PROJECT IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED SIXTY SEVEN THOUSAND SEVEN HUNDRED SIXTY DOLLARS AND ZERO CENTS ($567,760.00), AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Hurricane Creek Sanitary Sewer expansion project is shown in the City of Anna's Wastewater Collection System Master Plan as multiple Capital Improvement Program projects required for the growth of the community; and, WHEREAS, the City Council approved Resolution 2018-06-456 approving and authorizing the City Manager to act on the City's behalf in executing an engineering service task order with Birkhoff, Hendricks & Carter, LLP, for the Hurricane Creek Regional Sewer Project; and, WHEREAS, the City of Anna, Texas (The City) executed the engineering service task order on July 2, 2018 with Birkhoff, Hendricks & Carter LLP for the Hurricane Creek Regional Sewer Project (the Project); and, WHEREAS, the City previously funded Preliminary Engineering Services identified in the task order and more thoroughly described on page 9 and 10 in Exhibit "A" attached hereto; and, WHEREAS, this resolution will approve and authorize funding for Preliminary and Final Engineering Services for Task A, Task B, and Task C, being more thoroughly described on page 9 and 10 in Exhibit "A" attached hereto; and, WHEREAS, Sanitary Sewer Impact Fees shall be used to fund the total not to exceed amount of $567,760.00. 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 Funding. That the City Manager is hereby authorized to fund the services for Task A, Task B, and Task C as more thoroughly described on page 9 and 10 in Exhibit "A" attached hereto. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 27t" day of August 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave,, Suite 600 Dallas, Texas 75243 Phone (214) 361-7900 www.bhcllp.com JOHN W. BIRKHOFF, P.E. GARY C. HENDRICKS, P.E. JOE R. CARTER, P.E. MATT HICKEY, RE, ANDREW MA'rA, JR,, P.E, JOSEPH T. GRAJEWSKI,111, P.E. DEREK B. CHANEY, P.E CRAIG M. KERKHOFF, RE, Mr. Joseph Johnson Director of Public Works City of Anna I I I North Powell Parkway Anna, Texas 75409 Re: General Engineering Services — Task Order Hurricane Creek Regional Sanitary Sewer Dear Mr. Johnson: June 6, 2018 In accordance with your request and our existing general engineering services agreement, we are pleased to submit this General Services Task Order letter for services related to the preparation of specifications, bidding documents and contract administration for: The Hurricane Creek Regional Sanitary Sewer GENERAL PROJECT DESCRIPTION This project consists of approximately 48,700 linear feet of sanitary sewer pipe ranging in size from 36-inch to 12-inch. Generally, the project is within the East Fork Trinity and Hurricane Creek drainage basins, with a small segment extending the existing Throckmorton Creek sanitary sewer line to the north. For the purpose of design and construction phasing, as well as 31 party participation, the project is separated into six (6) segments, as indicated in Table 1 and shown in the enclosed "Exhibit A". General descriptions of the six project elements are as follows: TBPE Firm 526 WEC Wellness Firm --* Better Decisions - Better Designs TBPLS Firm 100318-00 IM015 conide0annaU018 hurricane creek regional sewtMurricane creek regional sanitary sewer task order. docx Mr. Joseph Johnson General Services Task Order: Hurricane Creek Sanitary Sewer June 6, 2018 Page 2 of 13 Project A: 36-inch sanitary sewer line along the east side of the East Fork Trinity River. Limits are from the existing regional Throckmorton Sanitary Sewer line to the convergence of the East Fork and Hurricane Creek. Project B: 30-inch and 33-inch sanitary sewer along the east side of Hurricane Creek. Limits are from the convergence of the East Fork and Hurricane creek to the south side of FM 455. These sanitary sewer sizes are in compliance with the build -out sizes shown on the City's sanitary sewer Masterplan. Project C. 18-inch sanitary sewer along the east side of the East Font Limits are from the convergence of the East Fork and Hurricane Creek up approximately 3, 750 LF up the East Fork basin. Project D: 27-inch and 30-inch sanitary sewer along the east side of Hurricane Creek. Limits are from the south side of FM 455 to the south end of the Mantua development. With topographic limitations, three (3) sanitary sewer connection points far the Mantua development will be required. This project will extend to the western most portion of the development. These sanitary sewer sizes are in compliance with the build -out sizes shown on the City's sanitary sewer Masterplan. Project E: 12-inch sanitary sewer that will connect to Project D above. This project will provide a sanitary sewer connection point to the middle portion of the Mantua development (west side of US 75). Project F. 15-inch sanitary sewer line that will extend the existing Throckmorton sanitary sewer line. This line will serve the eastern connection point of the Mantua development adjacent to the east side of US 75. This line size is in compliance with the build -out size shown in the City's sanitary sewer Masterplan. TBPE Firm 526 ACEC AHIP Firm _-;� Better Decisions -Better Designs TBPLS Firm 100318-00 IA?015 contdov\anna\2018 hurricane creek regional smerlhurticane creek regional sanitary sever task order.docu Mr. Joseph Johnson General Services Task Order: Hurricane Creek Sanitary Sewer June 6, 2018 Page 3 of 13 Based on our understanding of the project requirements, our opinion of probable project budget is summarized below: Table 1- Opinion of Probable Project Budget Project A Project B Project C Project D Project E Project F Total Opinion of Probable Construction Cost $6,104 874 $2 345 044 $893 074 $3 078 652 $811 519 $1 037 264 $14 270 427 '' Bonds, Insurance & Mobilization $122,098 $46,901 $17,861 $61,573 $16,230 $20,745 $285,409 31 Party Inspection Services $91,573 $35,176 $13,396 $46,180 $12,173 $15,559 $214,056 Quality Control & Material Testu> $152,622 $58,626 $22,327 $76,966 $20,288 $25,932 $356,761 Land Rights Acquisitions 1 $750,000 $327,135 $200,000 $323,002 $172,176 $196,281 $1,968,595 Prelimina " En ineerin Part I. (A - B) 60% Design $250,379 $107 723 $47,105 $135 040 $45 389 $54,141 $634' 602 Part V (A - D) Additional Services (Survey, Plat & FIN, Clearing, Meetings, $112,375 $69,000 $17,625 $70,250 $30,000 $28,375 $327,625 Expenses) Final En ineerin Part II - IV Final Design to 100%, $293,797 $121,883 $53,295 $148,947 $49,365 $60,062 $733,677 Bidding & Const. Admin, Part V (E - F) Additional Services $11,350 $6,700 $6,800 $11,100 $4,800 $5,950 $46,750 Geotech, Expenses) Total Project Budget $7,834,068 1 $3,084,938 1 $1,266,983 1 $3,767,108 1 $1,151,940 1 $1,437,309 1 $18,542,396 A copy of our itemized opinion of project budget for each project segment is attached as Appendix A for reference only. WE Firm 526 ACEC AHIP firm =;� Better Decisions -Better Designs TBPLS Firm 100318-00 1A7015 conidev\anna\2018 hurricane creek regional sewer\hurricane creek regional sanitary sewer task order docx Mr. Joseph Johnson General Services Task Order: Hurricane Creek Sanitary Sewer June 6, 2018 Page 4 of 13 SCOPE of SERVICES It is anticipated that each of the six (6) segments will be designed, bid and constructed as separate and stand-alone projects. The scope of services below applies to all six (6) segments individually. Part I: Preliminary Engineering Phase A. Preliminary Engineering Report pertaining to the design flows and considered route of the project B. Set the alignment and preliminary grade of the project in order prepare and provide permanent sanitary sewer and temporary construction easement plat and field notes to the City for land right acquisition purposes. Two (2) Design review meetings are included with the Preliminary Engineering Phase. Part II: Final Design Phase Preparation of construction plans and specifications for the following: A. Construction Plan -Profile Sheets prepared at a scale of not less than 1 '= 20'. B. Standard Details. C. Special Details. D. Cover Sheet, Location Map and Sheet Index. E. Submittals to State Regulatory Agencies, as required. F. Preparation of required Texas Department of Transportation permits, as required. G. Coordination with other Franchise Utility companies. H. Three (3) Design review meetings. I. Opinion of Probable Construction Estimate. J. Preparation of Specifications and Contract Documents. K. Assist in procuring geotechnical engineering information or reports as the project requirements dictate. L. Printing of preliminary plans and specifications for review by the City. TBPE Firm 526 4CEC 11HIP rirnt =;� Better Decisions - Better Designs TBPLS Firm 100318-00 I:W015 contdc0anna\2018 hurricane creek regional sewerlhurricano creek regional sanitary sewer task order docx Mr. Joseph Johnson General Services Task Order: Hurricane Creek Sanitary Sewer June 6, 2018 Page 5 of 13 Part III: Bidding Phase A. Assist the City staff in advertising for bids. This will include e-mailing "Notice to Contractors" to contractors experienced in this type of construction. City will have Notice published in local newspaper. B. Posting the plans for bid advertisement on Civcast. C. Provide bidding documents to City of Anna, Dodge Reports, and two other parties requested by the City. D. Assist during opening of bids and provide bidding tally sheets. E. Provide bid tabulation to City and contractors who submitted bids. F. Obtain the following information from the lowest bidder: 1. Past work history. 2. Physical resources to produce the project. Formulate opinion from information received and provide the City a summary of the opinion for their use in selection and award of the construction contract. G. After award of contract, furnish ten sets of prints of the final plans, specifications and contract documents to the City for construction use by the City and Contractor. Part IV: Construction Phase A. Attend a pre -construction conference, including preparing an agenda. B. Attend coordination meetings with contractor, quality control personnel, and City representatives to discuss strategy, problem areas, progress, and any required coordination. C. Review shop drawings and other submittal information, which the Contractor submits. This review is for the benefit of the Owner and covers only general conformance with information given by the Contract Documents. The contractor is to review and stamp their approval on submittals prior to submitting to the Engineer. Review by the Engineer does not relieve the Contractor of any responsibilities, safety measures or the necessity to construct a complete and workable facility in accordance with the Contract Documents. TBPE Firm 526 ACEC AHIP Firm Better Decisions -Better Designs TBPLS Firm 100318-00 IA7015 conldevlannal2018 hurricane creek regional sewerlhurricane creek regional sanitary sewer task order,doex Mr. Joseph Johnson General Services Task Order: Hurricane Creek Sanitaty Sewer June 6, 2018 Page 6 of 13 D. Provide written responses to requests for information or clarification to City or Contractor. E. Prepare and process routine change orders for this project as they pertain to the original scope of work. F. Make periodic site visits during construction as the project requirements dictate. Minimum of one project site visit per month. G. Review monthly pay request from information obtained in the field. H. Accompany the City during their final inspection of the project. I. Recommend final acceptance of work based on information from the on -site representative. J. Prepare Record Drawings. Utilizing on -site representative and Contractor construction record information, consultant will prepare electronic image files in Adobe Acrobat file format and ACAD.dwg file format. Part V: Additional Services A. Design, Property and Construction Control Surveys B. Preparation of Plat and Field Note Descriptions for expected sanitary sewer easements required. Thirty-six (36) easement descriptions are included for the purpose of establishing a budget for this phase of work. C. Clearing of the proposed project route for access by the Geotechnical equipment and field surveys as required. D. Additional Design & Coordination meetings with project stakeholders above and beyond those identified in Part I and Part 11(H). E. Geotechnical Evaluations and recommendations. The Geotechnical evaluation and report will be performed by a sub -consultant to be approved by the City of Anna. F. Printing of final plans and specifications for distribution to prospective bidders and the successful contractor. TBPE Firm 526 ACEC ATI1P Firm =;� Better Decisions -Better Designs TBPLS Firn1 100318-00 IA7015 contde onna\2018 hurricane creek regional sewerlhurricane creek regional sanitary sewer task order, ducx Mr. Joseph Johnson General Services Task Order: Hurricane Creek Sanitary Sewer June 6, 2018 Page 7 of 13 Part V: Exclusions The intent of this scope of services is to include only the services specifically listed herein and none others. Services specifically excluded from this scope of services include, but are not necessarily limited to the following: A. Environmental impact statements and assessments. B. Fees for permits or advertising. C. Certification that work is in accordance with plans and specifications. D. Environmental cleanup. E. Fiduciary responsibility to the City. F. Trench safety designs. G. Quality control and testing services during construction. H. Services in connection with condemnation hearings. I. Phasing of Contractor's work. J. On -site safety precautions, programs and responsibility. K. Consulting services by others not included in proposal, L. Revisions and/or change orders as a result of revisions after completion of original design (unless to correct error on plans). M. Traffic engineering report or study. N. Title searches. O. Land Rights Acquisition Services TBPE Firm 526 ACEC AHIP Firm =;� Better Decisions -Better Designs TBPLS firm 100318-00 117015 conrdevlanna\2018 hurricane creek regional sewerlhurricane creek zegionul sanitary sewer task order.docx z a O N N CN NO OO 00 00 00 N ai N N .0 +. F N N N N O N N a 5 ElN ° ti •� A A A w w 4 ti ti - w 00 00 ON N N N O N N rn (T Cn N N O d O O N N N 00 N N N N 1 4 O Fa N C'4 N 0 P O p z A d d z Q A �, d A 00 0 00 00 O N o N O O NI. N cliH d� (D O vj N N N (� N n cd m N c*) 00 0o a\ V O N N N O N O O O 00 o 00 N �D D; CD N N N O N N 1 N CD 00 N N o0 p O N a4"i a`i aFi k t .cCCi .fl N N N N N N N Q N N U - 7 O O O U N N *� ti z z z w w O A A d 00 N00 00 o, O y - 0-0 *N- '""" N .""' N O N O N rn a\ O N N O No •p O O N M et .�-• � O N N N N M O N 'Ir p 00 .M. v N pyp 00 00 00 00 N N N O N O ++ 00 CO — C) N_ O N 8 N — o N O� Q� N •p CV N N N N N a� N N Vr O N C14O O N �p L 't N a d v� N cn O z Ca � d d cC v as � � 3 q U z "� N b4 G' •b �+ 0 U Q o o W i o abi won u o 0 F. ti b ° Q+ U _ .� O O ° O O z a° a Oq U r U a O U z U F4 Mr. Joseph Johnson General Services Task Order: Hurricane Creek Sanitary Sewer June 6, 2018 Page 9 of 13 FEE NOT TO EXCEED AMOUNT City may choose to authorize any or all of the six (6) project elements without affect to the scope of services or fee to any project elements not authorized at this time. Preliminary Engineering - Basic Services Payment for the Preliminary Engineering Design Phase portion of the Basic Services described under Parts I shall be on a Lump Sum Basis in the following Amounts: Part I Project A Pro'eet B Project C Project D Project E Project F Total A. Preliminary $10,000 $8,000 $3,500 $8,000 $5,000 $5,000 $39,500 Engineering Report B. Preliminary $240,379 $99,723 $43,605 $127,040 $40,389 $49,141 $595,102 Alignment & Grade Total Prelim $250,379 $107,723 $47,105 $135,040 $45,389 $54,141 $634,602 Engineering Basic Service Preliminary Engineering - Additional Services For the Additional Services included with the preliminary engineering, we propose to be compensated on a salary cost basis times a multiplier of 2.41, with expenses at actual invoice cost times 1.15. The survey crew will be billed at a crew rate of $165 per hour. Automobile mileage for additional services will be invoiced at $0.55 per mile. We suggest you budget approximately $327,625 in the following amounts for our services for this nroiect: Project A Project B Project C Project D Project E Project F Total A. Design and $28,875 $19,250 $9,62 $$19,250 $11,000 $12,375 $100,375 Boundary Surveys B. Preparation of Plat $38,500 $24,500 $7,000 $28,000 $14,000 $14,000 $126,000 and Field Note Descriptions C. Route Clearing $40,000 $22,250 $20,000 $3,000 $85,250 D. Additional Design $5,000 $3,000 $1,000 $3,000 $2,000 $2,000 $16,000 Meetings Total Prelim $112,375 $69,000 $17,625 $70,250 $30,000 $28,375 $327,625 Engineering Additional Service Not to Exceed Amounts TBPE Firm 526 ACEC AMP Fire: =;> Better Decisions - Better Designs TBPLS Firm 100318-00 11701 S conldev%nnna\201 g hurricane creek regional sewerlhurricana creek regional sanitary sewor task order docx Mr. Joseph Johnson General Services Task Order: Hurricane Creek Sanitary Sewer June 6, 2018 Page 10 of 13 Final Design - Basic Services Payment for the Final Design Phase portion of the Basic Services described under Parts II, III and, IV shall be on a Lump Sum Basis in the following Amounts: Project A Project B Project C Project D Project E Project F Total Part II: Design Phase $160,253 $66,482 $29,070 $84,694 $26,926 $32,761 $396,736 (Final) PartIII: Bidding Phase $16,025 $11,080 $4,845 $14,116 $4,488 $8,736 $58,715 Part IV: Construction $117,519 $44,321 $19,380 $56,462 $17,951 $18,565 $271,898 Phase Total Basic Services Lump Sum Fee $293,797 $121,883 1 $53,295 $155,275 _ $49,365 $60,062 $733,b77 Final Design - Additional Services For the Additional Services to be included in the Final Design, we propose to be compensated on a salary cost basis times a multiplier of 2.41, with expenses at actual invoice cost times 1.15. Automobile mileage for additional services will be invoiced at $0.55 per mile. We suggest you budget approximately $46,750 in the following amounts for our services for this project: Project A Project B Project C Project D Project E Project F Total E. Geotechnical $9,850 $5,550 $6,300 $9,900 $4,300 $5,200 $41,100 Evaluation and Report F. Printing of Plans & $1,500 $1,200 $500 $1,200 $500 $750 $5,650 Specifications Total Additional Service $11,350 $6,750 $6,8000 $11,100 $4,800 $5,950 $46,750 Not to Exceed Amounts Texas Board of Professional Land Surveying Contact Information Recipients of professional land surveying services under this agreement may direct complaints regarding such services to the Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, MC 230, Austin, TX 78753, Phone (512) 239-5263, Fax (512) 239-5253. WE Firrn 526 ACEC AHIP Firrn =;� Better Decisions - Better Designs WLS Fir» t 100318-00 1A7015 contdev\anna\20l$ hurricane creek regional sewerlhurricano creek regional sanitary sewer task order.docx Mr. Joseph Johnson General Services Task Order: Hurricane Creek Sanitary Sewer June 6, 2018 Page 11 of 13 If this General Engineering Services Agreement Task Order meets with your approval, please sign and return one set to our office along with your directive to proceed. We look forward to working with you on this important project for the City of Anna and are available to discuss this task further at your convenience. Sincerely yours, /Craig�M. Kerkhoff, P.E., C.F.M. Partner ATTEST: to Gary C�44endricks, Alter ate Managing Partner PRELIMIA ENGINEERING APPROVED FOR THE CITY OF ANNA, TEXAS BY. Mr. Maurice Schwanke, City Manager Date FINAL DESIGN APPROVED FOR THE CITY OF ANNA, TEXAS By: Mr. Maurice Schwanke, City Manager Date TBPE Firm 526 . ACEC AHIP Firm =;> Better Decisions - Better Designs TBPLS Firm 100318-00 1:17015 conlde0annaN2018 hurricane creek regional sewer\hunicane creek regional sanitary sewer task order docx Mr. Joseph Johnson General Services Task Order: Hurricane Creek Sanitary Sewer June 6, 2018 Page 12 of 13 Exhibit A - Project Location Map PROJECT E ( ) } IJ 5,000 L.F. 12' fit kn rl L fi;IURP Ct�iIIK COUNt 1'I)lrll•H UH7V- �r _F ' , ,';'!14 ` �f - — PROJECT A----. \ — (15250 L.F. 36") _ 2j 1 BIR 'HOFF, CIEDi44R Kli & CARTER L.L.P. J NrUY61370AtCi7.(rlliFFRS 1t'- C „,"' (J ,.o•s w�+r s., itt ur7 )lu i it: X � C `'t '7 !i i L4N,�,TM{.t`3� //11 ''��yy....��AA�� A: MAY,M4 '°�1�f1 �i1 TBPE Firm 526 ACEC AHIP Finn Better Decisions - Better Designs TBPLS Firm 100318-00 IA7015 contricAanna\2018 hurricane creek regional sew0hurricane creek regional sanitary sewer task order.doex Mr. Joseph Johnson General Services Task Order; Hurricane Creek Sanitary Sewer June 6, 2018 Page 13 of 13 Appendix A — Opinion of Probable Project Cost (Follows this page) TBPE Firm 526 ACECAHIP Firm ---* Better Decisions - Better Designs TBPLS Firm 100318-00 k17015 conldevtanna\2018 hurricane creek regional seweAhurricane creek regional sanitary sewer task order dom BIRKIIOFF, HENDRICKS & CARTER, L.L.P. Project No. PROFESSIONAL ENGINEERS Texas Flan F526 Client: City of Anna, Texas Date: Project: Hurricane Creek Regional Trunk Sewer Project A - 15,250 L.F. 36-Inch PVC Sanitary Sewer By: ENGINEER'S OPINION OF CONSTRUCTION COST Project A 6-Jun-18 CMK Item No. Description lQuantityl Unit I Price I Amount 1 Furnish & Install 36-Inch Sanitary Sewer w/Embedment by Open Cut 14,650 L.F. $ 200.00 $ 2,930,000.00 2 Furnish & Install 36-Inch Sanitary Sewer w/Steel Encasement Pipe by Open Cut (Collin County Outer Loop) 500 L.F. $ 1,500.00 $ 750,000.00 3 Furnish & Install 36-Inch Sanitary Sewer Creek Crossing 100 L.F. 1 $ 2,000.00 $ 200,000.00 4 Furnish & Install 6-Foot Diameter Manhole w/Pressure Type Frame & Cover w/Epoxy Coating (I5-footDepth) 9 Ea. $ 16,000.00 $ 138,000.00 5 Furnish & Install 6-Foot Diameter Manhole w/Pressure Type Frame & Cover & Vent Assembly w/Epoxy Coating (15-foot Depth) 30 Ea. $ 20,000.00 $ 600,000.00 6 Furnish & Install Flow Meter I Ea. $250,000.00 $ 250,000.00 7 Furnish, Install, Water, Fertilize & Establish Hydromulch 67,334 S.Y. $ 4.00 $ 269,336.00 8 Furnish Trench Safety Plan I L.S. $ 4,000.00 $ 4,000.00 9 Implement Trench Safety Plan 15,250 L.F. $ 7.00 $ 106,750.00 10 Furnish Storm Water Pollution Prevention Plan I L.S. $ 5,000.00 $ 5,000.00 11 Furnish, Install, Maintain & Remove Erosion Control Measures 15,250 L.F. $ 2.00 $ 30,500.00 12 Furnish, Install, Maintain & Remove Traffic Control Measures 1 L.S. $ 25,000.00 $ 25,000.00 Construction Subtotal: $ 5,308,586.00 Contingencies and Miscellaneous Items 15% $ 796,288.00 Construction Total: $ 6,104,874.00 Bonds, Insurance and Mobilization 2% $ 122,097.48 Land Rights Acquisition (40-Ft Permanent San. Sew, Easement): 15 Ac. $ 50,000.00 $ 750,000.00 Professional Services: $612,901 Inspection Services 1.5% $ 91,573.11 Materials Testing: 2.5% $ 152,621.85 Project Total: $ 7,834,067.44 USE: $ 7,835,000.00 LA7015 ContDev\Anna\201 S Hurricane Creek Regional SewerTrelinninary EOC w Mantua AS Page 1 of I BIRKHOFF, HENrRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS Texas Fzrrn F526 Client: City of Anna, Texas Project Hurricane Creek Regional Trunk Sewer Project B -1,400 L.F. 33-Inch & 8,100 L.F. 30-Inch PVC Sanitary Sewer Project No. Project B Date: 6-Jun-18 By: CMK ENGINEER'S OPINION OF CONSTRUCTION COST [tem Nol Description I Quantityl Unit I Price IAmount 1 Furnish & Install 33-Inch PVC Sanitary Sewer w/Embedment by Open Cut 1,400 L.F. $ 175.00 $ 245,000.00 2 Furnish & Install 30-Inch PVC Sanitary Sewer w/Embedment by Open Cut 8,100 L.F. $ 150.00 $ 1,215,000.00 3 Furnish & Install 6-Foot Diameter Manhole w/Pressure Type Frame & Cover w/Epoxy Coating (I5-footDepth) 17 Ea. $ 16,000.00 $ 268,000.00 4 Furnish & Install 6-Foot Diameter Manhole w/Pressure Type Frame & Cover & Vent Assembly w/Epoxy Coating (15-foot Depth) 9 Ea. $ 20,000.00 $ 180,000.00 5 Furnish, Install, Water, Fertilize & Establish H dromulch 4,667 S.Y. $ 4.00 $ 18,668.00 6 Furnish Trench Safety Plan 1 L.S. $ 3,000.00 $ 3,000.00 7 Implement Trench Safety Plan 9,500 L.F. $ 7.00 $ 66,500.00 8 Furnish Storm Water Pollution Prevention Plan 1 L.S. $ 4,000.00 $ 4,000.00 9 Furnish, Install, Maintain & Remove Erosion Control Measures 9,500 L.F. $ 2.00 $ 19,000.00 10 Furnish, Install, Maintain & Remove Traffic Control Measures 1 L.S. $ 20,000.00 $ 20,000.00 Construction Subtotal: $ 2,039,168.00 Contingencies and Miscellaneous Items 15% $ 305,876.00 Construction Total: $ 2,345,044.00 Bonds, Insurance and Mobilization 2% $ 46,900.88 Land Rights Acquisition (30-Ft Permanent San. Sew. Easement): 7 Ac. $ 50,000.00 $ 327,134.99 Professional Services: $272,106 Inspection Services 1.5% 1 $ 35,175.66 Materials Testing: 2.5% $ 58,626.10 Project Total: $ 3,084,987.63 USE: $ 3,085,000.00 LA7015 ContDcY\Mna\2018 Hurricane Creek Regional SewerTreliminary EOC w MantuaAs Page 1 of I BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS Texas Ftrin F526 Client: _City of Anna, Texas Project: Hurricane Creek Regional Trunk Sewer Project C - 3,750 L.F. 18-Inch PVC Sanitary Sewer Project No. Project C Date: 6-Jun-18 By: JRI ENGINEER'S OPINION OF CONSTRUCTION COST Item No. I Description JQuanti(yl Unit I Price I Amount 1 Furnish & Install 18-Inch PVC Sanitary Sewer w/Embedment by Open Cut 3,550 L.F. $ 120.00 $ 426,000.00 2 Furnish & Install 18-Inch PVC Sanitary Sewer Creek Crossing 200 L.F. $ 500.00 $ 100,000.00 3 Furnish & Install 5-Foot Diameter Manhole w/Pressure Type Frame & Cover w/Epoxy Coating (I5-footDepth) 7 Ea. $ 12,000.00 $ 88,500.00 4 Furnish & Install 5-Foot Diameter Manhole w/Pressure Type Frame & Cover & Vent Assembly w/Epoxy Coating (15-foot Depth) 4 Ea. $ 16,000.00 $ 64,000.00 5 Furnish, Install, Water, Fertilize & Establish Hydromulch 11,834 S.Y. $ 4.00 $ 47,336.00 6 Furnish Trench Safety Plan l L.S. $ 3,000.00 $ 3,000.00 7 Implement Trench Safety Plan 3,750 L.F. $ 7.00 $ 26,250.00 8 Furnish Storm Water Pollution Prevention Plan I L.S. $ 4,000.00 $ 4,000.00 9 Furnish, Install, Maintain & Remove Erosion Control Measures 3,750 L.F. $ 2.00 $ 7,500.00 10 Furnish, Install, Maintain & Remove Traffic Control Measures l L.S. $ 10,000.00 $ 10,000,00 Construction Subtotal: $ 776,586.00 Contingencies and Miscellaneous Items 15% $ 116,488.00 Construction Total: $ 893,074.00 Bonds, Insurance and Mobilization 2% $ 17,861.48 Land Rights Acquisition (40-Ft Permanent San, Sew. Easement): 4 Ac. $ 50,000.00 $ 200,000.00 Professional Services: $120,325 Inspection Services 1.5% $ 13,396.11 Materials Testing: 2.5% $ 22,326.85 Project Total: $ 1,266,983.44 USE: $ 1,267,000.02ji LA7015 ContDev\Anna\2018 Hurricane Creek Regional SeureAPrelianinary EOC w Mantua As Page I of 1 BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS Texas Firm F526 Client: City of Anna, Texas Project: Hurricane Creek Regional Trunk Sewer Project D -5,100 L.F. 30-Inch & 4,400 L.F. 27-Inch PVC Sanitary Sewer Project No. Project D Date: 6-Jun-18 By: CMK ENGINEER'S OPINION OF CONSTRUCTION COST Item No. Description Quantity I Unit I Price Amount 1 Furnish & Install 30-Inch PVC Sanitary Sewer w/Embedment by Open Cut 4,980 L.F. $ 180.00 $ 896,400.00 2 Furnish & Install 27-Inch PVC Sanitary Sewer w/Embedment by Open Cut 4,400 L.F. $ 165.00 $ 726,000.00 3 Furnish & Install 30-Inch PVC Sanitary Sewer w/ Steel Encaasement by Other Open Cut 120 L.F. $ 1,200.00 $ I44,000.00 4 Furnish & Install 6-Foot Diameter Manhole w/ Pressure Type Frame and Cover and w/ Epoxy Coating (15-foot Depth) 17 Ea. $ 16,000.00 $ 279,200.00 5 Furnish & Install 6-Foot Diameter Manhole w/Pressure Type Frame & Cover & Vent Assembly w/Epoxy Coating (15-foot Depth) 8 Ea. $ 20,000.00 $ 160,000.00 6 Furnish & Install Flow Meter I Ea. $250,000.00 $ 250,000.00 7 Furnish, Install, Water, Fertilize & Establish Hydromulch 31,267 S.Y. $ 4.00 $ 125,068.00 8 Furnish Trench Safety Plan 1 L.S. $ 3,000.00 $ 3,000.00 9 Implement Trench Safety Plan 9,380 L.F. $ 7.00 $ 65,660.00 10 Furnish Storm Water Pollution Prevention Plan 1 L.S. $ 4,000.00 $ 4,000.00 I Furnish, Install, Maintain & Remove Erosion Control Measures 9,380 L.F. $ 2.00 $ 18,760.00 12 Furnish, Install, Maintain & Remove Traffic Control Measures 1 L.S. $ 5,000.00 $ 5,000,00 Construction Subtotal: $ 2,677,088.00 Contingencies and Miscellaneous Items 15% $ 401,564,00 Construction Total: $ 3,078,652.00 Bonds, Insurance and Mobilization 2% $ 61,573.04 Land Rights Acquisition (30-Ft Permanent San. Sew. Easement): 6 Ac. $ 50,000.00 $ 323,002.75 Professional Services: $340,662 Inspection Services 1.5% $ 46,179.78 Materials Testing: 2.5% $ 76,966.30 Project Total: $ 3,927,035.87 USE: $ 3,928,000.00 11 L:\7015 ContDovU na\2018 Hurricane Creek Regional SewerTreliminary EOC w Mantua xis Page 1 of 1 BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS Texas Firin F526 Client: City of Anna, Texas Project: Hurricane Creek Regional Trunk Sewer Project E - 5,000 L.F. 12-Inch PVC Sanitary Sewer Project No. Project E Date: 6-Jun-18 By: ENGINEER'S OPINION OF CONSTRUCTION COST CMK Item No. Description -----FQ—ua-tityl Unit I Price IAmount 1 Furnish & Install 12-Inch PVC Sanitary Sewer w/Embedment by Open Cut 5,000 L.F. $ 80.00 $ 400,000.00 2 Furnish & Install 5-Foot Diameter Manhole w/Epoxy Coating (15-foot Depth) 13 Ea. $ 12,000.00 $ 150,000.00 3 Furnish & Install 5-Foot Diameter Manhole w/Pressure Type Frame & Cover w/Epoxy Coating (15-foot Depth) 2 Ea. $ 16,000.00 $ 32,000.00 4 Furnish, Install, Water, Fertilize & Establish Hydromulch 16,667 S.Y. $ 4.00 $ 66,668.00 5 Furnish Trench Safety Plan 1 L.S. $ 3,000.00 $ 3,000.00 6 Implement Trench Safety Plan 5,000 L.F. $ 7.00 $ 35,000.00 7 Furnish Storm Water Pollution Prevention Plan 1 L.S. $ 4,000.00 $ 4,000.00 8 Furnish, Install, Maintain & Remove Erosion Control Measures 5,000 L.F. $ 2.00 $ 10,000.00 9 Furnish, Install, Maintain & Remove Traffic Control Measures 1 L.S. $ 5,000.00 $ 5,000.00 Construction Subtotal: $ 705,668.00 Contingencies and Miscellaneous Items 15% $ 105,851.00 Construction Total: $ 811,519.00 Bonds, Insurance and Mobilization 2% $ 16,230.38 Land Rights Acquisition (30-FtPermanent San, Sew, Easement): 3 Ac. $ 50,000.00 $ 172,176.31 Professional Services: $119,554 Inspection Services 1.5% $ 12,172.79 Materials Testing: 2.5% $ 20,287.98 Project Total: $ 1,151,940.45 USE: $ 1,152,000.00 LA7015 ContDevWna\2018 Hurricane Creek Regional SewerWreliminary EOC w banns xis Page I of 1 BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS Texas Firm F526 Client: City of Anna, Texas Project: Hurricane Creek Regional Trunk Sewer Project F - 5,700 L.F. 15-Inch PVC Sanitary Sewer Project No. Project F Date: 6-Jun-18 By: CMK ENGINEER'S OPINION OF CONSTRUCTION COST Item No. Description I Quantityl Unit I Price I Amount 1 Furnish & Install 15-Inch PVC Sanitary Sewer w/Embedment by Open Cut 5,600 L.F. $ 95.00 $ 532,000.00 2 Furnish & Install 15-Inch PVC Sanitary Sewer Creek Crossing 100 L.F. $ 350.00 $ 35,000.00 3 Furnish & Install 5-Foot Diameter Manhole w/Epoxy Coating (15-foot Depth) 16 Ea. $12,000.00 $ 192,000.00 4 Furnish, Install, Water, Fertilize & Establish Hydromulch 18,667 S.X. $ 4.00 $ 74,668,00 5 Furnish Trench Safety Plan I L.S. $ 3,000.00 $ 3,000.00 6 Implement Trench Safety Plan 5,700 L.F. $ 7.00 $ 39,900.00 7 Furnish Storm Water Pollution Prevention Plan 1 L.S. $ 4,000.00 $ 4,000.00 8 Furnish, Install, Maintain & Remove Erosion Control Measures 5,700 L.F. $ 2.00 $ 11,400.00 9 Furnish, Install, Maintain & Remove Traffic Control Measures 1 L.S. $10,000.00 S 10,000.00 Construction Subtotal: $ 901,968.00 Contingencies and Miscellaneous Items 15% $ 135,296.00 Construction Total: $ 1,037,264.00 Bonds, Insurance and Mobilization 2% $ 20,745,28 Land Rights Acquisition (30-Ft Permanent San, Sew. Easement): 4 Ac. $ 50,000.00 $ 196,280,99 Professional Services: $141,528.00 Inspection Services 1.5% $ 15,558.96 Materials Testing: 2.5% $ 25,931.60 Project Total: $ 1,437,308.83 USE: $ 1,438,000.00 LA7015 ContDev\AMd\2015 Hurricane Creek Regional Sewer\Prelin6ary EOC w Mantua As Page I of I CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are Interested parties. OFFICE USE ONLY Complete Nos, 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business, 2018-364696 Birkhoff, Hendricks & Carter Dallas, TX United States Date Filed: 06/06/2018 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Anna Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or Identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Hurricane Creek Regional Sewer Professional Engineering Services 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Birkhoff, John Dallas, TX United States X Hendricks, Gary Dallas, TX United States X Carter, Joe Dallas, TX United States X Hickey, Matthew Dallas, TX United States X Mata, Andrew Dallas, TX United states X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Craig M. Karkhotf and my date of birth is Octabor 10,1862 My address is 11910 Greenville Ave, Suite 500 Dallas Texas 75243 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed In Dallas County, State of Texas on the 6th day of June 20 18 (month) (year) Signature of atithorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523 CITY OF ANNA, TEXAS A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AN ENGINEERING TASK ORDER WITH BIRKHOFF, HENDRICKS & CARTER, LLP FOR THE HURRICANE CREEK REGIONAL SEWER PROJECT. WHEREAS; The City of Anna, Texas (the City) has negotiated an engineering service task order with Birkhoff, Hendricks & Carter, LLP for the Hurricane Creek Regional Sewer Project (the Project); and, WHEREAS; the Project will provide the necessary engineering services to enable easement acquisition with only Projects A & B being the initial focus; and, WHEREAS; the engineering services fee for Project A, Part I is in the amount of $250,379 and Part V is in the amount of $67,375; and Project B, Part I is in the amount of $107,723 and Part V is in the amount of $43,750 for a total not -to exceed amount of $469,227; and, WHEREAS; funds are available for the project using collected wastewater impact fees; and, WHEREAS; the Project supports the City's adopted Strategic Plan goals of pursuing targeted economic development and upgrading City facilities and infrastructure; 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. The City Council hereby approves Parts I and V for Project A and B of the 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 task order agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 26t" day of June 2018. APPROVED: Mayor Nate OF A/v ATTEST: d, 4,4_�,t ) City Secretary Carrie L. Smith RESOLUTION: Hurricane Creek Regional Sewer Task M*1_ E „`���PAGE I OF I 6/26/18