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Home My WebLink About2019-09-10 Work Session & Regular Meeting PacketTHE CITY 0, 1%nna AGENDA City Council Work Session Tuesday, September 10, 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 September 10, 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. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Manager Annual Review 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 September 6, 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 Anna Tuesday, September 10, 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 September 10, 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 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. a. Proclamation Constitution Week 2019 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Meeting Minutes for August 27, 2019. (City Secretary Carrie Smith) b. Approve a Resolution Authorizing the City Manager to Extend the Jail Services Agreement with Collin County. (Chief Jeff Caponera) c. Approve a Resolution approving the Ornelas Estates Development Plat. (Ashley Stathatos) d. Approve a Resolution approving a site and landscape plan for Neighborhood Credit Union located at Block A, Lot 6 of the Wal-mart Anna Addition. (Ashley Stathatos) e. Approve a Resolution approving a site plan for the City's Inc. Cube building located at 312 N Powell Pkwy. (Ashley Stathatos) f. Approve a Resolution approving the Green Meadows Final Plat. (Ashley Stathatos) g. Approve a Resolution approving the Clifford Gomes Homeplace Development Plat. (Ashley Stathatos) h. Approve a Resolution approving the Pennington Addition Development Plat. (Ashley Stathatos) i. Approve a Resolution authorizing a Special Event Permit to the Anna Area Historical Preservation Society for a Train Depot Dedication event. (Ashley Stathatos) 6. Consider/Discuss/Act on a Resolution authorizing the City Manager to fund the early site work required for the construction of the new Municipal Complex for the City of Anna located at the southeast corner of Powell Parkway and 5th Street in the City of Anna, Texas. (Public Works Director Greg Peters) 7. Conduct a Public Hearing on the Proposed 2019 Tax Rate (Finance Director Dana Thornhill) 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). 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. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Manager Annual Review 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 September 6, 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 Anna AGENDA ITEM: Proclamation Constitution Week 2019 SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Proclamation I[L�ii1► • City Council Agenda Staff Report Meeting Date: 9/10/2019 Upload Date Type 8/15/2019 Exhibit Proclamation by the lapor of the Citp of 2nna, Texan To all to w1joill tljes'e pre!6ento !6ball rotne, Oreetingg: WHEREAS, September 17, 2019, marks the two hundred thirty-second anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. NOW, THEREFORE, I, Nate Pike, Mayor of the City of Anna, Texas, do hereby declare and proclaim September 17 through 23, 2019 as "CONSTITUTION WEEK" and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Anna, Texas to be affixed this the day of September, 2019. NATE PIKE, MAYOR ATTEST: CARRIE SMITH, CITY SECRETARY :• THE CITY OF Anna AGENDA ITEM: Item No. 5.a. City Council Agenda Staff Report Meeting Date: 9/10/2019 Approve City Council Meeting Minutes for August 27, 2019. (City Secretary Carrie Smith) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Work Session Regular Session Upload Date Type 9/5/2019 Exhibit 9/5/2019 Exhibit ANNA CITY COUNCI L MINUTES WORK SESSION August 27, 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. 1. Call to Order, Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 6:30 p.m. Council Member Reeves was absent. Council Member Reeves arrived during Closed Session. 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. MOTION: Council Member Miller moved to enter Closed Session. Council Member Beazley seconded. Motion carried 6-0. Mayor Pike recessed the meeting into closed session at 6:30 p.m. Mayor Pike reconvened the meeting at 7:08 p.m. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 3. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. No action. 4. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. Mayor Pike adjourned the meeting at 7:08 p.m. Approved on the September 10, 2019.. Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith ANNA CITY COUNCI L MINUTES REGULAR SESSION August 27, 2019 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 7:08 p.m. All members were present. 2. Invocation and Pledge of Allegiance. Mayor Pike led the invocation and pledge. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. None. 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) The Fire Department won the First Annual blood drive, 37-29. 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 Item b. was removed from consent. 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) TML IEBP was required to file forms 1094-B and 1095-B with the IRS 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 I RS 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 I RS, 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 IEBP 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 IRS 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 IRS, and a copy is provided to the employee. Form 1094-C reports summary information and transmits the Form 1095-C to the I RS. 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 E B P 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 IRS Power of Attorney authorizing the attorneys to represent the City of Anna before the I RS. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING REPRESENTATION IN IRS MATTER AND DELEGATING AUTHORITY TO EXECUTE FORM 2848 IRS POWER OF ATTORNEY MOTION: Council Member Miller moved to approve. Mayor Pike seconded. Motion carried 7-0. c. Approve a Resolution approving a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp. (City Manager Jim Proce) 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. 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. 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 RATE MAKING 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. 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) 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. 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. 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 S tathatos ) 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. RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT TO NATE GOODELL FOR THE EMMITT SMITH GRAN FONDO CYCLING EVENT. MOTION: Council Member Beazley moved to approve Consent Items a, c, d and e. Council Member Bryan seconded. Motion carried 7-0. 6. Consider/Discuss/Action on a Resolution Amending the Dates and Times for the Public Hearing on the Tax Rate (Finance Director Dana Thornhill) 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 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 MOTION: Council Member Bryan moved to approve. Council Member Vollmer seconded. Motion carried 7-0. 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) 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. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO FUND PRELIMINARYAND FINAL ENGINEERING SERVICES, AS IDENTIFIED IN THE EXECUTED TASK ORDER BYAND 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. MOTION: Council Member Bryan moved to approve. Council Member Toten 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 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. MOTION: Council Member Bryan moved to enter closed session. Council Member Beazley seconded. Motion carried 7-0. Mayor Pike recessed the meeting at 7:31 p.m. Mayor Pike reconvened the meeting at 10:45 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 10:46 p.m. Approved on the September 10, 2019. Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith THE CITY OF Anna AGENDA ITEM: Item No. 5.b. City Council Agenda Staff Report Meeting Date: 9/10/2019 Approve a Resolution Authorizing the City Manager to Extend the Jail Services Agreement with Collin County. (Chief Jeff Caponera) SUMMARY: Collin County Sheriff's Office operates a detention facility, including a Minimum Security Facility that confines persons charged with or convicted of all classes of violations of State Law, including those charged with or convicted of Class C violations arising from arrests initiated by Anna Police Officers. This Resolution authorizes the City Manager to continue our partnership with Collin County for jail services. Not extending this Agreement does not allow Anna Police Officers or the Anna Municipal Court to house persons arrested or convicted on municipal ordinance violations or other Class C violations of State Law. This Agreement requires that the City pay the County a fee of $98.78 per day or part of a day per inmate. This is an increase from the $94.47 rate in FY 2019. STAFF RECOMMENDATION: Staff recommends approval. ATTACHMENTS: Description Resolution Exhibit 1 - Jail Services Agreement Exhibit 2 - Jail Services Amendment FY 20 Upload Date Type 9/6/2019 Resolution 9/5/2019 Exhibit 9/4/2019 Staff Report CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL JAIL SERVICES AGREEMENT WITH COLLIN COUNTY. WHEREAS, the City of Anna Chief of Police, in furtherance of the Police department's purpose of preserving and protecting the public health and safety of the City's residents, recommends that the City Council renew the agreement for jail services with Collin County. WHEREAS, the City Council of the City of Anna, Texas (the "City Council") desires to approve an Interlocal Agreement with Collin County for Jail Services. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Interlocal Agreement The City Council hereby approves the Interlocal Jail Services Agreement attached hereto as Exhibit 2, and authorizes, ratifies and approves the City Manager's execution of same. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 10t" day of September, 2019. ATTEST: APPROVE: Carrie L. Smith, City Secretary Nate Pike, Mayor Interlocal Jail Services Agreement This agreement is entered into on the 25th day of September, 2018, by and between the City of Anna and Collin County. Both are political subdivisions of the State of Texas. Recitals 1. The County operates the Collin County Detention Facility, including the Minimum Security facility, (the Detention Facility or County Jail) under chapter 351 of the Local Government Code and part 9 of title 37 of the Texas Administrative Code. 2. The County generally operates the County Jail for the confinement of persons accused or convicted of a violation of state law. See Code of Crim. Proc., arts. 2.17-2.18. But the Sheriff may also accept custody of persons accused of class C misdemeanors. See Tex. Att'y Gen. Op. No. JM-0151 (1984). 3. The City desires to obtain certain jail services from the County to be performed for the City to insure the confinement of persons accused or convicted of a class C misdemeanor or other violation of a municipal ordinance. Therefore, under the authority of the Interlocal Cooperation Act, Chapter 791, Texas Government Code, the parties agree as follows: Section 1. Definitions 1.01 Jail Services The term "jail services" means all services legally necessary to provide for the confinement in the County Jail of persons accused or convicted of an offense. Section 2. Term 2.01 Term As its term, this Agreement will last between October 1, 2018 and September 30, 2019. The parties expect to renew the Agreement for October 1, 2019 to September 30, 2020. In the event that such a renewal is delayed, however, this Agreement will automatically renew for another fiscal year under the terms set out here. 2.02 Termination A party may terminate this Agreement for any reason by giving 90 days written notice to the other party. 1 Section 3. Services 3.01 Services The County agrees to provide to City jail services necessary for the confinement of persons accused or convicted of an offense, subject to the availability of space at the County jail at the time the City requests jail services. Space will be unavailable when the County Jail is filled to 100% of its capacity and unable to accept additional inmates. The Jail Administrator may determine when the County Jail is filled to 100% capacity and unable to accept additional inmates. The Jail Administrator will consider the jail's population, expected incoming inmates (e.g. under other jail -services agreements), expected releases, the gender and security -classification mix of the inmate population, inmates' health restrictions, space or cells needed to house and care for problematic or vulnerable inmates, and state law, including the rules and regulations of the Texas Commission on Jail Standards. At times, particular pods or cells may be unavailable for some reason, such as maintenance which shall be taken into account in determining whether the County Jail is filled of 100% of its capacity. 3.02 Persons Accepted (1) The Detention Facility will accept persons arrested via a Class C warrant, if the detainee is presented by a Peace Officer with the original warrant, a certified or facsimile copy of a valid arrest warrant, or if the jail staff receives a teletype or email confirmation of the warrant. (2) The Detention Facility will allow any Peace Officer to execute any Class C warrant on any detainee in the facility's custody, if the warrant is an original, certified, facsimile, or similarly reliable copy, or if the jail staff receives teletype or email confirmation. (3) The Detention Facility will accept all on -view or warrantless arrests of Class C violators. An arresting officer must provide the Detention Facility with (i) the time of arrest and (ii) a properly completed and signed probable -cause affidavit for each person arrested, for compliance with art. 17.033(a) of the Code of Criminal Procedure. Alternatively, an arresting officer must provide an original, certified, facsimile, or similarly reliable copy or confirmation of a magistrate's determination that probable cause exists to believe the arrestee committed the offense as required by art. 17.033(a) of the Code of Criminal Procedure. (4) When a defendant has been convicted of a Class C misdemeanor, a Judgment & Sentence is entered against the defendant under to art. 45.041 of the Code of Criminal Procedure. If the defendant defaults in the 2 discharge of the judgment, a Judge may order the defendant confined in a jail. The Detention Facility will accept defendants on such jail commitments only if they are accompanied by a certified copy of the Judgment, Sentence and Order that complies with art. 45.046 of the Code of Criminal Procedure, and that states in part: a. "the defendant is not indigent and the defendant has failed in good faith to discharge the fines and costs" or b. "the defendant is indigent and has failed to make a good faith effort to discharge the fine and costs under Article 45.049; and could have discharged the fine and costs under Article 45.049 without experiencing any undue hardship." Section 4. Non -Exclusivity of Service Provision The County may contract to perform services similar or identical to those specified in this Agreement for other municipalities, utility districts, or governmental entities as the County, in its sole discretion, sees fit. Section 5. Compensation 5.01 Basic Charge The City will pay the County a Basic Charge of $94.47 per day or part of a day per inmate that the City requests be confined on the City's charges, and who is confined, in the County Jail. This Basic Charge, along with Additional Charges under sections 5.02-5.04, will fairly compensate the County. See Gov't Code, § 791.011(e). 5.02 Additional Charges In addition to paying the Basic Charge, the City will reimburse the County for expenses associated with providing jail services to inmates held on the City's charges (the City's inmates). The City will reimburse the County for providing health-care services, including ambulance, medical, hospital, dental, and psychiatric or psychological services to the City's inmates. Where reasonable and consistent with the County's legal obligations to care for inmates, including providing them with first aid and emergency and non -emergency medical care and care and monitoring for an at -risk inmate, the County will take reasonable steps to confer with the City about the reasonably foreseeable costs of maintaining the City's inmates in the Detention Center before incurring an undue balance of such costs. For conference purposes, "the City" means an officer with sufficient authority to make binding decisions about an inmate's care or whether to issue a personal recognizance bond with respect to an inmate. In provisions of the Sandra Bland Act, the legislature directed the Texas Commission on Jail Standards to adopt rules and procedures with regard to a county jail providing access 3 to a mental -health professional through a telemental health service 24 hours a day, access to a health professional at the jail or through a telehealth service 24 hours a day, or, if a health professional is unavailable at the jail or through a telehealth service, provide for the City's inmate to be transported to access a health professional. See Sandra Bland Act, S.B. 1849 (2017), 85th Reg. Sess., § 3.05 (codified at Gov't Code, § 511.009(a)(23)); id. § 3.10 (requiring the Commission to adopt rules and procedures under § 511.009(23) no later than Sept. 1, 2018, and requiring a county jail to comply with such rules and procedures on and after September 1, 2020). It is possible that Collin County —with advice from its health -services provider or other expert —will voluntarily take steps to comply with such rules and procedures or provide these types of access to inmates before September 1, 2020. If so, then Collin County will confer with the City about its plans to comply with the Sandra Bland Act, regulations resulting from the Act, or similar law, and the parties will negotiate terms for the City to reimburse the County for reasonable costs of providing such services to the City's inmates. 5.03 Billing The County will bill the City monthly for jail services. The City will pay the bills under Chapter 2251 of the Government Code, including interest on payments that are not timely made as provided therein. 5.04 Cost of Additional Charges The County will charge the City for services under section 5.02 of this Agreement at the cost to the County of providing those services to the inmates. The County will provide reasonable documentation or other support of such charges upon the City's request. 5.05 Source of Payment The City will make all payments required under this Agreement from current revenues available to the City. See Gov't Code, § 791.011(d)(3). Section 6. Lawful Arrest and Detention The City will comply with all federal, state and local laws regarding conditions precedent to arrest and detention including, but not limited to, determinations of probable cause and other requirements necessary for lawful arrest and detention. Further, the City is solely responsible for compliance with pre -detention procedures and that the City will hold the County harmless from any liability, including, but not limited to, obligations, costs, claims, judgments, attorneys' fees and litigation costs, and attachments, caused by or flowing from the City's alleged or actual failure to comply with conditions precedent to lawful arrest and detention. Section 7. Procedures 7.01 Delivery and Release of Inmates The City agrees to comply with all County rules and procedures regarding jail security in delivering inmates to the Collin County Jail and receiving inmates to be released. M 7.02 Removal on Termination The City agrees to remove all persons confined on the City's behalf in the Collin County Jail pursuant to this Agreement at least one day before the date of this Agreement's termination. Section 8. Civil Liability The City is responsible for any civil liability that arises from the County's provision of services under this Agreement. See Gov't Code, § 791.006(b). The City will defend, indemnify, and hold harmless the County from and against all demands, claims, damages, losses and liabilities, including reasonable attorney's fees and litigation expenses, that arise directly or indirectly from the County's performance of this Agreement. This provision falls under subsection (b) of sections 5 and 7 of article XI of the Texas Constitution. For purposes of this section 8, "County" includes its officials, officers, deputies, employees, insurers, and agents. With regard to the provision of a defense under this paragraph, the County will reasonably cooperate with the City in defending a claim or suit, including providing reasonable access to, and copies of, documents, electronic or magnetic data, and access to witnesses or other persons with discoverable knowledge such as detention officers, employees, or other persons under the County's supervision or control. This agreement does not create any form of personal liability on the part of any official, officer, employee, or agent who is an individual of the City of Anna or Collin County. Each party will not sue or try to hold an official, officer, employee, or individual agent of the other party personally liable for any personal injuries or property damage. The parties do not waive any form of immunity by signing this agreement other than as provided herein. The parties do not intend to create a claim or right for, or in favor of, a person who is not a parry to this agreement. Section 9. Amendment This Agreement will not be amended or modified other than in a written agreement signed by the parties. No parry will try to enforce a purported amendment that is not written and properly approved by each party's governing body under section 791.011(d) of the Government Code. Section 10. Controlling Law 5 Texas law will govern this Agreement and the parties' claims and defenses arising out of, or related to, their relationship and performances under this Agreement, regardless of a forum's choice -of -law rules. Section 11. Notices 11.01 Form of Notice Unless otherwise specified, the parties will communicate under this Agreement in writing or by email. A party will send important communications, including communications under section 12, in writing and by certified mail to the liaisons in section 11.02. 11.02 Addresses A party will address a communication to the other's address as follows: (a) if the County, to: Keith Self, County Judge Collin County Administration Bldg 2300 Bloomdale Road McKinney, Texas 75071 (b) if the City, to: Jeff A. Caponera, Chief of Police Anna Police Department 101 S. Powell Parkway Anna, Texas 75409 (b) if to the County, Copy to: Sheriff Jim Skinner Collin County Sheriff's Office 4300 Community Ave. McKinney, Texas 75071 or to such person at such other address as may from time to time be specified in a notice given as provided in this section 11. The City may also provide a copy of a communication to: Collin County Purchasing Collin County Administration Bldg. 2300 Bloomdale Road, Suite 3160 McKinney, Texas 75071 Section 12. Resolution of Disputes Should a dispute arise out of this agreement, the County and the City will first attempt to resolve it through direct discussions in a spirit of mutual cooperation. If the Parties' attempts to resolve their disagreements through negotiations fail, the disputes will be mediated by a mutually acceptable third party to be chosen by the County and the City within fifteen days after written notice by one Party to the other demanding mediation under this section. The County and City will share equally in the costs of the mediation. This section's purpose is to reasonably ensure that the County and the City will in good faith use mediation or another non -binding dispute resolution process 2 before pursuing litigation. A Party's participation in mediation or another non -binding dispute resolution process will not be construed as a waiver by a Party of (1) any rights, privileges, defenses, remedies or immunities available to a Party; (2) a Party's termination rights; or (3) other termination provisions or expiration dates provided herein. In the event of a lawsuit or any form of ADR, each party will bear its own attorney's fees and expenses. Section 13. Captions The headings to the various sections of this Agreement have been inserted for convenient reference only and shall not modify, define, limit or expand the express provision of this Agreement. Section 14. Counterparts This Agreement may be executed in counterparts and may be photocopied. A party may use a complete counterpart or photocopy as if it were an original. Section 15. Obligations of Condition All obligations of each party under this Agreement are conditions to further performance of the other party's continued performance of its obligation under the Agreement. Section 16. Exclusive Right to Enforce this Agreement The County and the City have the exclusive right to bring suit to enforce this Agreement, and no other party may bring suit, as a third -party beneficiary or otherwise, to enforce this Agreement. Section 17. Prior Agreements Superseded This Agreement constitutes the sole and only agreement of the parties as to the matters set forth here. In witness whereof, the parties hereto have executed this Agreement as of the day and year first above written. Section 18. No Partnership or Agency The Parties hereto have not created a partnership and nothing contained in this Agreement shall in any manner whatsoever constitute any Party the partner, agent or legal representative of the other Party, nor create any fiduciary relationship between them for any purpose whatsoever. No Party shall have any authority to act for, or to assume any obligations or responsibility on behalf of, the other parry except as may be, from time to time, agreed upon in writing between the Parties or as otherwise expressly provided in this Agreement. 7 Collin County, Texas Date: Keith Self, County Judge City of Anna, Texas By: Date: Jim Proce, City Manager Office of the Purchasing Agent Collin County Administration Building COL IN COUNTY Contract Amendment ONE (1) 2300 Bloomdale Rd, Ste 3160 P, McKinney, TX 75071 972-548-4165 Vendor: City of Anna Effective Date 10/1/2019 101 S. Powell Parkway Contract No. 2018-388 Anna, TX 75409 Contract Jail Services Awarded by Court Order No.: 2018-895-10-15 Amendment 1 Court Order No.: YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT Extension of agreement for a one (1) year period as provided for in section 2.01 of the contract documents. Agreement shall be in effect from October 1, 2019, continuing through and including September 30, 2020. Charges for fiscal year 2020: $98.78 per day, per inmate Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties. ACCEPTED BY: ACCEPTED AND AUTHORIZED BY AUTHORITY OF COLLIN COUNTY (Print Name) COMMISSIONERS' COURT City of Anna Collin County Administration Building 101 S. Powell Parkway 2300 Bloomdale Rd, Ste 3160 Anna, TX 75409 McKinney, Texas 75071 SIGNATURE Michalyn Rains, CPPO, CPPB TITLE: Purchasing Agent DATE: DATE: THE CITY OF Anna AGENDA ITEM: Item No. 5.c. City Council Agenda Staff Report Meeting Date: 9/10/2019 Approve a Resolution approving the Ornelas Estates Development Plat. (Ashley Stathatos) SUMMARY: The development plat for your review is located within Anna's extra territorial jurisdiction (ETJ) and is generally located on the North side of Grasshopper Ln, off of County Road 426. The tract is in the Robert Whitaker Survey, Abstract No. 1011 and contains 0.975 acres of land. The owner is proposing to put a new home, garage, RV Canopy, Storage building, and possible mobile home on the property. The submittal meets the City of Anna development plat requirements. STAFF RECOMMENDATION: Approval of a resolution approving the Ornelas Estates Development Plat. I-AALTo]:IITJ 14►11&5 Description Resolution Development Plat Location Map Upload Date Type 9/5/2019 Resolution 9/5/2019 Exhibit 9/5/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE ORNELAS ESTATES DEVELOPMENT PLAT WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Jose Ornelas has submitted an application for approval of the Ornelas Estates development plat; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Development Plat. The City Council hereby approves the Ornelas Estates development plat attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this loth day of September 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike M I* NOTES: MARIO HERRERA C.C. NO. 20180116000060470 L. R. C. C. T. S.onnc ruvVt • 65.6' ---�---- _ N N 0_7� 40s E 25. 54'_ 52.0' 8.0" - C�PCE 1" 52.4' 8.0' -�yr �� 8.0, 8F �,x- •!r•�r��x• .� PROPOSED o GARAGE PROPOSED LR�/ 94. 7' o 3F RESERVATION n CANOPY 92. 7 FOR ROADWAY so.o' 0 PROPOSED LOT 1, BLOCK 1 o � PROPOSED o STORAGE N II HOME LOCATION � EXISTING GRAVEL 0.975 ACRES PROPOSED 20.0' JOSE ORNELAS MOBIL LCJ Z C.C. NO. 20190212000145400 HOME C0 t1l: I L.R.C.C.T. 1s.o' N Z 70.0'co N -- - i a— 0 M NORTH SCALE 1"= 30' C.M. = CONTROLLING MONUMENT CIRS = CAPPED 1/2a IRON ROD SET STAMPED (4613) IRF = IRON ROD FOUND = POWER POLE = GUYWIRE 0 = AC UNIT ® = GAS METER ® = WATER METER ® = WATER VALVE ® = STUBOUT p = FENCE POST ®= CANOPY/COVERED AREA 1. The original copy will have original signatures, stamp seal and an impression seal. 2. Copyright 2019, Surdukan Surveying, Inc. 3. This survey is being provided solely for the use of the current parties. 4. This survey is subject to all easements of record. 5. The basis of bearings, horizontal and vertical position are derived from Texas WDS RTK Network, Texas State Plane Coordinates System, Nad83, North Central Zone, Nod 83 (CORS96) Epoch 2002.0, Vertical position are referenced to NAVD88 using (GEIOD03). S 01 °27'4 0 " W 625.75 ' MIGUEL & MARIA HUETE C.C. NO. 20180501000531140 L. R. C. C. T. LEGAL DESCRIPTION BEING a tract of land situated in the Robert Whitaker Survey, Abstract No.1011. Collin County, Texas, and being all of a 0.975 acre tract conveyed to Jose Ornelas as recorded in Instrument No. 20190212000145400, Land Records of Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a capped 112" iron rod stamped 6878 found for corner at the southwest corner of said 0.975 acre tract, said iron rod being in Grasshopper Lane; THENCE N 01 °27'40" E a distance of 625.54' to a capped 112" iron rod stamped 6878 found for corner, THENCE S 88°35'24" E a distance of 67.85' to a 112" iron rod founa for corner, THENCE S 01 °27'40" IN a distance of 625.75' to a capped 112" iron rod stamped 6878 found for corner, THENCE N 88°24'43" W a distance of 67.85' to the POINT OF BEGINNING and containing 42,450 Square Feet or 0.975 Acres of land. FLOOD NOTE This property falls in Zone X according to the Flood Insurance Rate Maps, Panel No. 48085CO070J, Map Revision June 2, 2009, as published by the Federal Emergence Management Agency. SURVEYOR'S CERTIFICATE The survey shown hereon is a true representation of the property as determined by a survey made on the ground and under my personal supervision. All visible improvements are as shown. There are no visible encroachments, conflicts, or protrusions, except as shown. This survey conforms to the Texas Board of Professional Land Surveyors' Minimum Standards of Practice, as adopted by the Board effective September 1, 2017. The property is subject to all easements of record. OF —— — — — — — — — — — — .....s...............................�..... David J. urdukan R.P.L.S. No. 4613 DAVID J. SURDUKAN ............................... t..... 4613 9�0 S U R`�F'�� 0 LOT 1 RANDY COOK ADDITION CABINET F, PAGE 689 L. R. C. C. T. KRISHNA NAMBURI C.C. NO. 20071029001470870 L. R. C. C. T. DEVELOPMENT PLAT ORNELAS ESTATES BEING 0.975 ACRES 0 UT OF THE ROBERT WHITAKER SURVEY ABSTRACT NO. 1011 COLLIN COUNTY, TEXAS OWNER SURVEYOR JOSE ORNELAS SURDUKAN SURVEYING, INC. 1630 ELM STREET P.O. BOX 126 ANNA, TEXAS 75409 ANNA, TEXAS 75409 (972) 924-8200 FIRM NO. 10069500 • _ \/ SCALE 1 " = 30' DATE: JULY 23, 2019 JOB No. 2019-60 a ■ a a 7 ITE �37 42 THE CITY OF Anna AGENDA ITEM: Item No. 5.d. City Council Agenda Staff Report Meeting Date: 9/10/2019 Approve a Resolution approving a site and landscape plan for Neighborhood Credit Union located at Block A, Lot 6 of the Wal-mart Anna Addition. (Ashley Stathatos) SUMMARY: Jones Carter, the representative for the owner of the property, has submitted a site and landscape plan for Neighborhood Credit Union located at Block A, Lot 6 of the Wal-mart Anna Addition. The site contains approximately 1.58 acres of land that are zoned PD for commercial uses. They are proposing a new 1,990 SF Credit Union. This item was brought to the Commission last month and was tabled in order to accommodate changes to one of the access drives. The applicant has altered the location of the access drive, per the Commission's request, and is therefore bringing this item back to the Commission. Any additional comments with drainage and utilities will be addressed with the Civil Plan design. STAFF RECOMMENDATION: Approval of a resolution approving the Neighborhood Credit Union site and landscape plan. ATTACHMENTS: Description Resolution Site Plan Landscape Plan Building Elevations Location Map Upload Date Type 9/5/2019 Resolution 9/5/2019 Exhibit 9/5/2019 Exhibit 9/5/2019 Exhibit 9/5/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE NEIGHBORHOOD CREDIT UNION SITE PLAN AND LANDSCAPE PLAN. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III-C of the Anna City Code of Ordinances ("Zoning Ordinance"); and WHEREAS, Jones Carter has submitted an application for approval of a site plan and landscape plan for Neighborhood Credit Union; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Site and Landscape Plan The City Council hereby approves the site and landscape plan for Neighborhood Credit Union attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this loth day of September, 2019. ATTEST: APPROVED: City Secretary, Carrie L Smith Mayor, Nate Pike WAL/�A /' � / %- - � r = TOP OF SSWR RIM = 703.25 RTSyq DYYYY! Y,�-FL IN (N> = 684.0� RE ACCES OUT (E, - 683.83 �. S 36'F/F ��''IDAIII/vr m w 1 ` m M El M w s3 � M M M M M M M— I d EXISTING wATER� S 89°44'42" E/ 215.12' XISTING Flog u r cnpiT � '- - _ PERMITTED CURB CUT AREA - - - - - - - � - - - INST. No. 20150602000647420 o.P.R.c.c_r. I j I I PROPOSED DUMPSTER W/ 7' HIGH I MASONRY ENCLOSURE I I ExISIING 12.. WAIEP -� j I I I PROPC 5' SIDE SETBACK w EWER 4 WATER ESMT. I )IT-017 Pc. 4 9 AI T 46' ACCESS ESMT. INST. NO. 20150 02000, 3N & VOL. 201 PC. — P.R.0 T. — 3NVl38l3 300 N 'Q` 3: �ti� I PROPOSED 24' i� 1 FIRELANE '�� 'ti0 62 FL IN (W) 698.07 FL OUT S = 697.86 O I / () 'f' V 1 — ww w . w — r_ Ww� ' ww — ww - \ - ww ! ww 17.5' SEWER ESMT. VOL. 2017, PG. 459 / V P.R.C.C.T. a / W-..� K �- I / S 87° 12' 1 " W 139.61' \` PROPOSED 6" SS WR SERVICE I I W EXISTING "I'"' SSWR EXISTING 12" WATER \ 24.0' UTILITY ESMT. 1 VOL, 2014 Pr. 276 PRL(T I I ID EXISTING FIRE HYDRANT I +) 1 zT1 0 I 1 I 01168 � I EB I � 0 � it APPROXIMATE LOCATION OF EXISTING WAL—MART ENTRANCE PROPOSED 1" IRR. METER PROPOSED 1.5" DOM. METER PROPOSED BACKFLOW PREVENTION EXISTING FIRE HYDRANT - V�3 M M M M PROPOSED 2" DOM. WATER LINE 1 THREE (3) CARS CAN BE �� STACKED WITHIN EITHER i DRIVE-THRU LANE II I1 1 II I1 I 24.0' I I o ( i I _ I I I 7 I 1 1 I1 SIDEWALK TO ALLOW FOR 2' CAR PARKING OVERHANG �� N DO I � 1 � N W Ln L O 10 1,1 i II I I I 1 EXISTING 18" STORM / I 15' DRAINAGE ESMT. I VOL. 2017, PG. 459 P.R.C.C.T. I /\ -- - -- —------/ — \\-------------- - �— ——--— — — — —— -- ----— — — — — —- -- -_� PROPOSED MONUMENT SIGN SIDEWALK TO ALLOW FOR 2' ---� CAR PARKING OVERHANG 24' F/F / -0- _ J017 FT. 459 1 ------ --- ----------- / I _ ISTIN� IL Wr�IEP� - - - - - - - ------------� —I— - - - TOP OF SSWB RIM = 702,61 FL IN (W) _693.50 M M M M M M M M M - - - - - - - - - - M M FL IN (W) = 694.29 /AFL OUT (E) = 693.47 - - - TOP OF SSWR RIM = 704.00 M EL IN (N) = 695.26 M / //L OUT (E) = 69427 I - - - - FL OUT (E) = 69459 �� i .� �� P OHP OHP ww ww ww WW ww ww WW FL IN (S) = 694.68 ww wvt--�~3-4wr V'vI gN6i --- -- � -♦-0HP ow WW • WW w WW I ww r 0 20' WATER & UTILITYESMT TOP OF INLET = 697.85�% FL IN (W) = 681.05 VOI. 2017, PG. 459 C FL OUT (E) = 69.59 TOP OF INLET = 702,71 FL IN (W) = 696.01 EL OUT (E) = 695.45 WHITE ROAD ( vvHl TE R OA D) 0 5 10 20 40 60 SCALE: 1" = 20' GENERAL INFORMATION J NEIGHBORHOOD IIIII i LPL Cl?: UNION 75j I j Q Lair i I Coffman SUBDIVISION WAL- MART ANNAADDITION LOT NUMBER LOT 6, BLOCK A ADDRESS N/A PROPOSED USE BANK/FINANCIAL INSTITUTION ZONING DISTRICT C-2 LOT AREA (NET) 48,569SF/ 1.11AC LOT AREA (GROSS) 68,847 SF / 1.58 AC LOT COVERAGE 36% BUILDING SIZE 1,990 SF TOTAL FLOOR AREA 1,990 SF PARKING PARKING REQUIRED 3.5 PER 1000 SF =1,990 SF/1,000 * 3.5 = 7 STALLS HANDICAP STALLS REQUIRED 1STALL PARKING PROVIDED 16STALLS PROVIDED HANDICAP STALLS PROVIDED 1STALL EXISTING LEGEND EXISTING RIGHT OF WAY -- EXISTING LOT LINE EXISTING FIRE LANE FIRE HYDRANT 0 WASTEWATER MANHOLE PROPOSED LEGEND FIRE LANE SHARED ACCESS DRIVEWAYS w w PROPOSED WATERLINE PROPOSED WASTE WATER LINE SIDEWALK LANDSCAPE AREA OX PARKING COUNT DEVELOPER HILL HOLDINGS, INC. LEVEL 5 2018 POWERS FERRY ROAD SUITE 750 ATLANTA, GA 30339 TEL (404) 761-0008 CONTACT: DAVID LAPP APPLICANT JONES I CARTER, INC. 6509 WINDCREST DRIVE SUITE 600 PLANO, TEXAS 75024 TEL (972) 488-3880 FAX (972) 488-3882 CONTACT: SHAWN GRAHAM, PE ANNA Pop 904 ' ~ L N N CONTRACTOR TO VERIFY ELEVATION AND LOCATION OF ALL EXISTING UTILITIES PRIOR TO COMMENCEMENT OF ANY NEW CONSTRUCTION TEXAS811 NOTIFICATION SYSTEM CALL BEFORE YOU DIG ! ! ! www.texas8ll.org Texas811 or 1-800-545-6005 Ci CL Q cA 0 N_ W rn M 17 U_ 0 O c o W 0 }, l0 W00 F- V7 N b.0 v a � N � o Q � 4J x UA v C] U - W O N o .Lr)2 CDLn�O vy 0 Wo� av Z �� O O U CO N ro C, N o F- 0) J Y N Q m m m 0 w 0 w z Z (� N 0 Y U = U Q K -1 0 0 0 z Cn O F 0 N G N :D N Q Q Ln � 2!LI, U 0 m 0 INTERIM REVIEW Not intended for construction, bidding or permit purposes. Engineer: MATTHEW K. LOOS, P.E. P.E. Serial No.: 128869 Date: AUGUST 2019 �00 Z LLI F— aV z LL 00 H V 00 W 2 W z SHEET NO. m W Z Q J a W H \15234\15234-0003-00 Wal-Mart Anna Addition\2 Design Phase\CAD\Exhibits\Site Plan Submittal\19-0722 Site Plan Submittal.dwg mkl: August 19, 2019 N ro G A B C D LANDSCAPE AREA WA TURF: 11,907 SF A E AC SS 36' F/F / COOP DRIVE EXISTING SIDEWALK � •• ❑ _.._._---- �_at��._i —--.-.-- T_,. :-- / EXISTING EDGE C2 U C M M M P El LJ ❑ i! / OF PAVEMENT S 89°44'42 E 215.12' 7�7 X ' I I I I LANDSCAPE AREA EXISTING SHRUBS: 345 SF ACCESS 1 3 DRIVE 25'-0" SEWER &WATER <= EASEMENT o TRASH ENCLOSURE I METAL EDGING BETWEEN URF AND SHRUB BEDS, TYP. I � � I 46-0" ACCESS EASEMENT z 1 25'-0" RING ROAD / - I i ACCESS EASEMENT J / "' '' w Nn�, ww ww ww D 1 m m� S 87°12'11" W 139.61' LANDSCAPE AREA I 1 TURF: 1,015 SF 1 LANDSCAPE AREA — "/ UL -1 TURF: 6,006 SF I 1 � 1 _ I LANDSCAPE AREA 15'-0" TURF: 597 SF I \ UTILITY 1 EASEMENT 1 LANDSCAPE AREA �\ SHRUBS: 401 SF j I IV - 5---- BT_3—\ 4 � 1 I o I PROPOSED LOT 1, BLOCK 1 `9 z 1 I CONCRETE PAVING CVS ANNA ADDITION VOL. 2014, PG. 276 - P.R.C.C.T. 1 • 1 I• \ I I LANDSCAPE AREA L I D u o I TURF: 3,330 SF M go n m / I -zICnm mz rn m M M IRRIGATION i u r —FWD 1 _,CON 0 n m D o _0 m <= ® �o LANDSCAPE AREA O TURF: 2,773 SF CE I ® I 25'-0" FIRE LANE, UTILITY, ACCESS II. DRAINAGE EASEMENT LOT 6, BLOCK A uL -' � IWAVOLRT P 1A�N PT DDITIO -JW NEIGHBORHOOD CREDIT UNION 1, 990 S.F. v� LANDSCAPE AREA SHRUBS: 581 SF --T == VIA o LANDSCAPE AREA TURF: 225 SF L/'11VUJl�/'11—C /'1RC/'1 SHRUBS: 292 SF WHITE ROAD ■ U 4-IV 4-BT 14-JW F. M. 455 (WI-11TE ROAD) ROOT BARRIERS I LANDSCAPE AREA TURF: 734 SF I, -- I I ILn 1'o N i ;W I Ln Ln 117 o � Cn — LANDSCAPE AREA TURF: 4,610 SF MONUMENT SIGN / EXISTING y DRAINAGE BASIN k LU O co Q p w I LANDSCAPE AREA SHRUBS: 337 SF LM EXISTING EDGE OF PAVEMENT CD LU m C N --i F >�o — M I— ) 2-QS AN AUTOMATIC UNDERGROUND IRRIGATION SYSTEM SHALL BE PROVIDED. THE CONTRACTOR SHALL INSTALL ROOT BARRIERS NEAR ALL NEWLY -PLANTED TREES THAT ARE LOCATED WITHIN FIVE (5) FEET OF PAVING OR CURBS. ROOT BARRIERS SHALL BE "CENTURY" OR "DEEP -ROOT" 24" DEEP PANELS (OR EQUAL). BARRIERS SHALL BE LOCATED IMMEDIATELY ADJACENT TO HARDSCAPE. INSTALL PANELS PER MANUFACTURER'S RECOMMENDATIONS. UNDER NO CIRCUMSTANCES SHALL THE CONTRACTOR USE ROOT BARRIERS OF A TYPE THAT COMPLETELY ENCIRCLE THE ROOTBALL. MULCHES NOTE: THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OF EXISTING UTILITIES AS SHOWN ON THESE ® PLANS IS BASED ON DESIGN DRAWINGS, RECORDS OF THE VARIOUS UTILITY COMPANIES, AND WHERE POSSIBLE, MEASUREMENTS TAKEN IN THE FIELD. THE DESIGNER DOES NOT GUARANTEE THAT LOCATIONS SHOWN ARE EXACT. THE CONTRACTOR MUST CONTACT THE APPROPRIATE UTILITY COMPANIES AT LEAST 72 HOURS BEFORE ANY EXCAVATION TO REQUEST EXACT FIELD LOCATIONS OF Know Whars below. UTILITIES. AS SUCH THE GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING AND UNCOVERING EXISTING UTILITIES IN THE Y Call VICINITY OF THE PROPOSED IMPROVEMENTS AND UTILITY CONNECTION POINTS PRIOR TO THE START OF CONSTRUCTION TO ASCERTAIN u be �,�re V dig. 9 EXACT MATERIALS, LOCATIONS, ELEVATIONS, ETC. AND THEIR POTENTIAL CONFLICT WITH PROPOSED IMPROVEMENTS. GC SHALL — v 0 CONSULT WITH CONSTRUCTION MANAGER AND ENGINEER AS APPROPRIATE BEFORE PROCEEDING WITH WORK. 0 N 0 AFTER ALL PLANTING IS COMPLETE, CONTRACTOR SHALL INSTALL 3" THICK LAYER OF 1-1/2" SHREDDED WOOD MULCH OVER WEED BARRIER CLOTH IN ALL PLANTING AREAS (EXCEPT FOR TURF AREAS). CONTRACTOR SHALL SUBMIT SAMPLES OF ALL MULCHES TO LANDSCAPE ARCHITECT AND OWNER FOR APPROVAL PRIOR TO CONSTRUCTION. ABSOLUTELY NO EXPOSED GROUND SHALL BE LEFT SHOWING ANYWHERE ON THE PROJECT AFTER MULCH HAS BEEN INSTALLED. PLANTING AND IRRIGATION GUARANTEE THE LANDSCAPE CONTRACTOR SHALL GUARANTEE THAT ALL NEWLY INSTALLED AND EXISTING PLANTS SHALL SURVIVE FOR ONE YEAR AFTER FINAL OWNER ACCEPTANCE OF THE INSTALLATION WORK. THE CONTRACTOR SHALL ALSO BE RESPONSIBLE FOR APPROPRIATE WATERING OF THE LANDSCAPE THROUGH INSTALLATION OF A PROPERLY DESIGNED IRRIGATION SYSTEM. THE OWNER SHALL APPROVE THE SYSTEM DESIGN BEFORE INSTALLATION OF PLANTS OR IRRIGATION. PLANT SCHEDULE TREES CODE QTY (D LI 2 • QS 5 • UL 2 SHRUBS CODE QTY E BOTANICAL / COMMON NAME CONT LAGERSTROEMIA INDICA CONT CRAPE MYRTLE (MATCH WAL-MART) QUERCUS SHUMARDII CONT SHUMARD RED OAK ULMUS PARVIFOLIA 'LACE BARK ELM' CONT CHINESE ELM TREE BOTANICAL / COMMON NAME CONT BT 7 BERBERIS THUNBERGII CRIMSON PYGMY 5 GAL CRIMSON PYGMY BARBERRY IV 23 ILEX VOMITORIA'NANA' 5GAL DWARF YAUPON • JW 28 JUNIPERUS HORIZONTALIS 'WILTONII' 1 GAL BLUE RUG JUNIPER OMC 12 MYRICA CERIFERA 5 GAL WAX MYRTLE NH 22 NANDINA DOMESTICA HARBOUR DWARF 5 GAL DWARF HEAVENLY BAMBOO GROUND COVERS CODE QTY BOTANICAL / COMMON NAME CONT LM 164 SF LIRIOPE MUSCARI 'AZTEC' 1 GAL AZTEC LILY TURF SOD/SEED CODE BOTANICAL / COMMON NAME CONT CD CT LANDSCAPE CALCULATIONS CYNODON DACTYLON BERMUDA GRASS CYNODON DACTYLON 'TIF 419' BERMUDA GRASS HYDROMULCH SOD CAL SIZE 3-5 CANES, 1.5" OVERALL CAL. 6'-8' HT 3" CAL. 3" CAL. SPACING 4' OC 4' OC 4' OC 4' OC 2' OC SIZE 10'-12' HT z 10'-12' HT 0 c/'f LU SIZE 24" HT MIN 1 36" HT MIN SPACING 12" OC SITE LANDSCAPE AREA PARKING LOT LANDSCAPE TOTAL SITE AREA: 68,847 SF LANDSCAPE AREA REQUIRED: 136 SF (8 SF / STALL) LANDSCAPE AREA REQUIRED: 6,885 SF (10%) LANDSCAPE AREA PROVIDED: 1,105 SF LANDSCAPE AREA PROVIDED: 33,153 SF (48%) TREES REQUIRED (1 TREE PER 10 SPACES): 2 TREES PROVIDED: 4 STREET YARD ONE TREE PER PARKING ROW TERMINUS: PROVIDED LANDSCAPE SETBACK REQUIRED: 20' TREES WITHIN 65' OF EVERY PARKING SPACE: PROVIDED LANDSCAPE SETBACK PROVIDED: 20' LANDSCAPE AREA REQUIRED: 683 SF (15%) DUMPSTER SCREENING LANDSCAPE AREA PROVIDED: 3,618 SF (79%) EVERGREEN SHRUBS (UHT.) PROVIDED TREES REQUIRED (1 TREE PER 40 LF): 5 TREES PROVIDED: 5 * MONUMENT SIGN BASE LANDSCAPE AREA REQUIRED: 160 SF PARKING SCREENING LANDSCAPE AREA PROVIDED: 295 SF EVERGREEN SHRUBS REQUIRED (75%): 55 LF (73 LF * 75%) EVERGREEN SHRUBS PROVIDED: 55 LF STREET FRONTAGE TREES PLACED IN EXISTING WATER EASEMENT PER ANNA CITY PLANNING DEPARTMENT. GENERAL GRADING AND PLANTING NOTES 1. BY SUBMITTING A PROPOSAL FOR THE LANDSCAPE PLANTING SCOPE OF WORK, THE CONTRACTOR CONFIRMS THAT HE HAS READ, AND WILL COMPLY WITH, THE ASSOCIATED NOTES, SPECIFICATIONS, AND DETAILS WITH THIS PROJECT. 2. THE GENERAL CONTRACTOR IS RESPONSIBLE FOR REMOVING ALL EXISTING VEGETATION (EXCEPT WHERE NOTED TO REMAIN). 3. IN THE CONTEXT OF THESE PLANS, NOTES, AND SPECIFICATIONS, "FINISH GRADE" REFERS TO THE FINAL ELEVATION OF THE SOIL SURFACE (NOT TOP OF MULCH) AS INDICATED ON THE GRADING PLANS. a. BEFORE STARTING WORK, THE LANDSCAPE CONTRACTOR SHALL VERIFY THAT THE ROUGH GRADES OF ALL LANDSCAPE AREAS ARE WITHIN +/-0.1' OF FINISH GRADE. SEE SPECIFICATIONS FOR MORE DETAILED INSTRUCTION ON TURF AREA AND PLANTING BED PREPARATION. b. CONSTRUCT AND MAINTAIN FINISH GRADES AS SHOWN ON GRADING PLANS, AND CONSTRUCT AND MAINTAIN SLOPES AS RECOMMENDED BY THE GEOTECHNICAL REPORT. ALL LANDSCAPE AREAS SHALL HAVE POSITIVE DRAINAGE AWAY FROM STRUCTURES AT THE MINIMUM SLOPE SPECIFIED IN THE REPORT AND ON THE GRADING PLANS, AND AREAS OF POTENTIAL PONDING SHALL BE REGRADED TO BLEND IN WITH THE SURROUNDING GRADES AND ELIMINATE PONDING POTENTIAL. C. THE LANDSCAPE CONTRACTOR SHALL DETERMINE WHETHER OR NOT THE EXPORT OF ANY SOIL WILL BE NEEDED, TAKING INTO ACCOUNT THE ROUGH GRADE PROVIDED, THE AMOUNT OF SOIL AMENDMENTS TO BE ADDED (BASED ON A SOIL TEST, PER SPECIFICATIONS), AND THE FINISH GRADES TO BE ESTABLISHED. d. AFTER INSTALLING SOIL AMENDMENTS IN SHRUB AREAS, AND IN ORDER TO ALLOW FOR PROPER MULCH DEPTH, ENSURE THAT THE FINISH GRADE IMMEDIATELY ADJACENT TO WALKS AND OTHER WALKING SURFACES IS 3" BELOW FINISH GRADE, TAPERING TO MEET FINISH GRADE AT APPROXIMATELY 18" AWAY FROM THE SURFACE. e. AFTER INSTALLING SOIL AMENDMENTS IN TURF AREAS, ENSURE THAT THE FINISH GRADE IN TURF AREAS IMMEDIATELY ADJACENT TO WALKS AND OTHER WALKING SURFACES IS 1" BELOW FINISH GRADE, TAPERING TO MEET FINISH GRADE AT APPROXIMATELY 18" AWAY FROM THE SURFACE. f. SHOULD ANY CONFLICTS AND/OR DISCREPANCIES ARISE BETWEEN THE GRADING PLANS, GEOTECHNICAL REPORT, THESE NOTES AND PLANS, AND ACTUAL CONDITIONS, THE CONTRACTOR SHALL IMMEDIATELY BRING SUCH ITEMS TO THE ATTENTION OF THE LANDSCAPE ARCHITECT, GENERAL CONTRACTOR, AND OWNER. 4. ALL PLANT LOCATIONS ARE DIAGRAMMATIC. ACTUAL LOCATIONS SHALL BE VERIFIED WITH THE LANDSCAPE ARCHITECT OR DESIGNER PRIOR TO PLANTING. THE LANDSCAPE CONTRACTOR SHALL ENSURE THAT ALL REQUIREMENTS OF THE PERMITTING AUTHORITY ARE MET (I.E., MINIMUM PLANT QUANTITIES, PLANTING o' 15, 30' 60' METHODS, TREE PROTECTION METHODS, ETC.). a. THE LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR DETERMINING PLANT QUANTITIES; PLANT QUANTITIES Scale 1 �� - 30' SHOWN ON LEGENDS AND CALLOUTS ARE FOR GENERAL INFORMATION ONLY. IN THE EVENT OF A DISCREPANCY BETWEEN THE PLAN AND THE PLANT LEGEND, THE PLANT QUANTITY AS SHOWN ON THE PLAN (FOR INDIVIDUAL SYMBOLS) OR CALLOUT (FOR GROUNDCOVER PATTERNS) SHALL TAKE PRECEDENCE. b. NO SUBSTITUTIONS OF PLANT MATERIALS SHALL BE ALLOWED WITHOUT THE WRITTEN PERMISSION OF \ THE LANDSCAPE ARCHITECT. IF SOME OF THE PLANTS ARE NOT AVAILABLE, THE LANDSCAPE _---- CONTRACTOR SHALL NOTIFY THE LANDSCAPE ARCHITECT IN WRITING (VIA PROPER CHANNELS). C. THE CONTRACTOR SHALL, AT A MINIMUM, PROVIDE REPRESENTATIVE PHOTOS OF ALL PLANTS PROPOSED FOR THE PROJECT. THE CONTRACTOR SHALL ALLOW THE LANDSCAPE ARCHITECT AND THE EVE RG RE E N OWNER/OWNER'S REPRESENTATIVE TO INSPECT, AND APPROVE OR REJECT, ALL PLANTS DELIVERED TO DES 1 G N G ROUP THE JOBSITE. REFER TO SPECIFICATIONS FOR ADDITIONAL REQUIREMENTS FOR SUBMITTALS. 5. THE CONTRACTOR SHALL MAINTAIN THE LANDSCAPE IN A HEALTHY CONDITION FOR 90 DAYS AFTER (800) 680-6630 ACCEPTANCE BY THE OWNER. REFER TO SPECIFICATIONS FOR CONDITIONS OF ACCEPTANCE FOR THE START 15305 Dallas Ste 300 TX 75 OF THE MAINTENANCE PERIOD, AND FOR FINAL ACCEPTANCE AT THE END OF THE MAINTENANCE PERIOD. Addison, TX 0 www. EvergreenDesi gnGroroup.com 6. SEE SPECIFICATIONS AND DETAILS FOR FURTHER REQUIREMENTS. Df m m } m p LUw p z z (D o Y U = U Q Cr�i p rn 0 N >z d N rn O m U) o Ln Ln (� d M Q 0 U V„ p z m 0 '�oPHeq.,�9y cs: �`' ice. cc cnSni Ev mi N�-•••. 3 8 •- 1 ••ee3 5•.• .•Q 08/19/2019 z M Uj Q � z V z Q QLL 00 } U0 c.� O m W z Z W Q 0 U C� 0 Z o� Z Z Q J ^J I..L SHEET NO. LP�l OF C:\Users\cmros\Dropbox (Rodney)\EDG - Shared\2019\Neighborhood CU - Anna TX\NCU Anna TX LP.dwg cmros: August 19, 2019 L'7 u �I vl »1 �1 PLANTING SPECIFICATIONS GENERAL A. QUALIFICATIONS OF LANDSCAPE CONTRACTOR 1. ALL LANDSCAPE WORK SHOWN ON THESE PLANS SHALL BE PERFORMED BY A SINGLE FIRM SPECIALIZING IN LANDSCAPE PLANTING. 2. A LIST OF SUCCESSFULLY COMPLETED PROJECTS OF THIS TYPE, SIZE AND NATURE MAY BE REQUESTED BY THE OWNER FOR FURTHER QUALIFICATION MEASURES. 3. THE LANDSCAPE CONTRACTOR SHALL HOLD A VALID NURSERY AND FLORAL CERTIFICATE ISSUED BY THE TEXAS DEPARTMENT OF AGRICULTURE, AS WELL AS OPERATE UNDER A COMMERCIAL PESTICIDE APPLICATOR LICENSE ISSUED BY EITHER THE TEXAS DEPARTMENT OF AGRICULTURE OR THE TEXAS STRUCTURAL PEST CONTROL BOARD. B. SCOPE OF WORK 1. WORK COVERED BY THESE SECTIONS INCLUDES THE FURNISHING AND PAYMENT OF ALL MATERIALS, LABOR, SERVICES, EQUIPMENT, LICENSES, TAXES AND ANY OTHER ITEMS THAT ARE NECESSARY FOR THE EXECUTION, INSTALLATION AND COMPLETION OF ALL WORK, SPECIFIED HEREIN AND / OR SHOWN ON THE LANDSCAPE PLANS, NOTES, AND DETAILS. 2. ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH ALL APPLICABLE LAWS, CODES AND REGULATIONS REQUIRED BY AUTHORITIES HAVING JURISDICTION OVER SUCH WORK, INCLUDING ALL INSPECTIONS AND PERMITS REQUIRED BY FEDERAL, STATE AND LOCAL AUTHORITIES IN SUPPLY, TRANSPORTATION AND INSTALLATION OF MATERIALS. 3. THE LANDSCAPE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL UNDERGROUND UTILITY LINES (WATER, SEWER, ELECTRICAL, TELEPHONE, GAS, CABLE, TELEVISION, ETC.) PRIOR TO THE START OF ANY WORK. PRODUCTS A. ALL MANUFACTURED PRODUCTS SHALL BE NEW. B. CONTAINER AND BALLED-AND-BURLAPPED PLANTS: 1. FURNISH NURSERY -GROWN PLANTS COMPLYING WITH ANSI Z60.1-2014. PROVIDE WELL -SHAPED, FULLY BRANCHED, HEALTHY, VIGOROUS STOCK FREE OF DISEASE, INSECTS, EGGS, LARVAE, AND DEFECTS SUCH AS KNOTS, SUN SCALD, INJURIES, ABRASIONS, AND DISFIGUREMENT. ALL PLANTS WITHIN A SPECIES SHALL HAVE SIMILAR SIZE, AND SHALL BE OF A FORM TYPICAL FOR THE SPECIES. ALL TREES SHALL BE OBTAINED FROM SOURCES WITHIN 200 MILES OF THE PROJECT SITE, AND WITH SIMILAR CLIMACTIC CONDITIONS. 2. ROOT SYSTEMS SHALL BE HEALTHY DENSELY BRANCHED ROOT SYSTEMS NON -POT-BOUND FREE FROM ENCIRCLING AND/OR GIRDLING ROOTS, AND FREE FROM ANY OTHER ROOT DEFECTS (SUCH AS J-SHAPED ROOTS). 3. TREES MAY BE PLANTED FROM CONTAINERS OR BALLED-AND-BURLAPPED (B&B), UNLESS SPECIFIED ON THE PLANTING LEGEND. BARE -ROOT TREES ARE NOT ACCEPTABLE. 4. ANY PLANT DEEMED UNACCEPTABLE BY THE LANDSCAPE ARCHITECT OR OWNER SHALL BE IMMEDIATELY REMOVED FROM THE SITE AND SHALL BE REPLACED WITH AN ACCEPTABLE PLANT OF LIKE TYPE AND SIZE AT THE CONTRACTOR'S OWN EXPENSE. ANY PLANTS APPEARING TO BE UNHEALTHY, EVEN IF DETERMINED TO STILL BE ALIVE, SHALL NOT BE ACCEPTED. THE LANDSCAPE ARCHITECT AND OWNER SHALL BE THE SOLE JUDGES AS TO THE ACCEPTABILITY OF PLANT MATERIAL. 5. ALL TREES SHALL BE STANDARD IN FORM, UNLESS OTHERWISE SPECIFIED. TREES WITH CENTRAL LEADERS WILL NOT BE ACCEPTED IF LEADER IS DAMAGED OR REMOVED. PRUNE ALL DAMAGED TWIGS AFTER PLANTING. 6. CALIPER MEASUREMENTS FOR STANDARD (SINGLE TRUNK) TREES SHALL BE AS FOLLOWS: SIX INCHES ABOVE THE ROOT FLARE FOR TREES UP TO AND INCLUDING FOUR INCHES IN CALIPER, AND TWELVE INCHES ABOVE THE ROOT FLARE FOR TREES EXCEEDING FOUR INCHES IN CALIPER. 7. MULTI -TRUNK TREES SHALL BE MEASURED BY THEIR OVERALL HEIGHT, MEASURED FROM THE TOP OF THE ROOT BALL. WHERE CALIPER MEASUREMENTS ARE USED, THE CALIPER SHALL BE CALCULATED AS ONE-HALF OF THE SUM OF THE CALIPER OF THE THREE LARGEST TRUNKS. 8. ANY TREE OR SHRUB SHOWN TO HAVE EXCESS SOIL PLACED ON TOP OF THE ROOT BALL, SO THAT THE ROOT FLARE HAS BEEN COMPLETELY COVERED, SHALL BE REJECTED. C. SEED: PROVIDE BLEND OF SPECIES AND VARIETIES AS NOTED ON THE PLANS, WITH MAXIMUM PERCENTAGES OF PURITY, GERMINATION, AND MINIMUM PERCENTAGE OF WEED SEED AS INDICATED ON PLANS. EACH BAG OF SEED SHALL BE ACCOMPANIED BY A TAG FROM THE SUPPLIER INDICATING THE COMPOSITION OF THE SEED. D. TOPSOIL: SANDY TO CLAY LOAM TOPSOIL, FREE OF STONES LARGER THAN'/z INCH, FOREIGN MATTER, PLANTS, ROOTS, AND SEEDS. E. COMPOST: WELL -COMPOSTED, STABLE, AND WEED -FREE ORGANIC MATTER, pH RANGE OF 5.5 TO 8; MOISTURE CONTENT 35 TO 55 PERCENT BY WEIGHT; 100 PERCENT PASSING THROUGH 3/4-INCH SIEVE; SOLUBLE SALT CONTENT OF 5 TO 10 DECISIEMENS/M; NOT EXCEEDING 0.5 PERCENT INERT CONTAMINANTS AND FREE OF SUBSTANCES TOXIC TO PLANTINGS. NO MANURE OR ANIMAL -BASED PRODUCTS SHALL BE USED. F. FERTILIZER: GRANULAR FERTILIZER CONSISTING OF NITROGEN, PHOSPHORUS, POTASSIUM, AND OTHER NUTRIENTS IN PROPORTIONS, AMOUNTS, AND RELEASE RATES RECOMMENDED IN A SOIL REPORT FROM A QUALIFIED SOIL -TESTING AGENCY (SEE BELOW). G. MULCH: SIZE AND TYPE AS INDICATED ON PLANS, FREE FROM DELETERIOUS MATERIALS AND SUITABLE AS A TOP DRESSING OF TREES AND SHRUBS. H. TREE STAKING AND GUYING 1. STAKES: 6' LONG GREEN METAL T-POSTS. 2. GUY AND TIE WIRE: ASTM A 641, CLASS 1, GALVANIZED -STEEL WIRE, 2-STRAND, TWISTED, 0.106 INCH DIAMETER. 3. STRAP CHAFING GUARD: REINFORCED NYLON OR CANVAS AT LEAST 1-1/2 INCH WIDE, WITH GROMMETS TO PROTECT TREE TRUNKS FROM DAMAGE. I. STEEL EDGING: PROFESSIONAL STEEL EDGING, 14 GAUGE THICK X 4 INCHES WIDE, FACTORY PAINTED DARK GREEN. ACCEPTABLE MANUFACTURERS INCLUDE COL -MET OR APPROVED EQUAL. J. PRE -EMERGENT HERBICIDES: ANY GRANULAR, NON -STAINING PRE -EMERGENT HERBICIDE THAT IS LABELED FOR THE SPECIFIC ORNAMENTALS OR TURF ON WHICH IT WILL BE UTILIZED. PRE -EMERGENT HERBICIDES SHALL BE APPLIED PER THE MANUFACTURER'S LABELED RATES. METHODS A. SOIL PREPARATION 1. BEFORE STARTING WORK, THE LANDSCAPE CONTRACTOR SHALL VERIFY THAT THE GRADE OF ALL LANDSCAPE AREAS ARE WITHIN +/-0.1' OF FINISH GRADE. THE CONTRACTOR SHALL NOTIFY THE OWNER IMMEDIATELY SHOULD ANY DISCREPANCIES EXIST. 2. SOIL TESTING: a. AFTER FINISH GRADES HAVE BEEN ESTABLISHED, CONTRACTOR SHALL HAVE SOIL SAMPLES FROM THE PROJECT'S LANDSCAPE AREAS TESTED BY AN ESTABLISHED SOIL TESTING LABORATORY. EACH SAMPLE SUBMITTED TO THE LAB SHALL CONTAIN NO LESS THAN ONE QUART OF SOIL, TAKEN FROM BETWEEN THE SOIL SURFACE AND 6" DEPTH. IF NO SAMPLE LOCATIONS ARE INDICATED ON THE PLANS, THE CONTRACTOR SHALL TAKE A MINIMUM OF THREE SAMPLES FROM VARIOUS REPRESENTATIVE LOCATIONS FOR TESTING. b. THE CONTRACTOR SHALL HAVE THE SOIL TESTING LABORATORY PROVIDE RESULTS FOR THE FOLLOWING: SOIL TEXTURAL CLASS, GENERAL SOIL FERTILITY, pH, ORGANIC MATTER CONTENT, SALT (CEC), LIME, SODIUM ADSORPTION RATIO (SAR) AND BORON CONTENT. C. THE CONTRACTOR SHALL ALSO SUBMIT THE PROJECT'S PLANT LIST TO THE LABORATORY ALONG WITH THE SOIL SAMPLES. d. THE SOIL REPORT PRODUCED BY THE LABORATORY SHALL CONTAIN RECOMMENDATIONS FOR THE FOLLOWING (AS APPROPRIATE): SEPARATE SOIL PREPARATION AND BACKFILL MIX RECOMMENDATIONS FOR GENERAL ORNAMENTAL PLANTS, XERIC PLANTS, TURF, AND NATIVE SEED, AS WELL AS PRE -PLANT FERTILIZER APPLICATIONS AND RECOMMENDATIONS FOR ANY OTHER SOIL RELATED ISSUES. THE REPORT SHALL ALSO PROVIDE A FERTILIZER PROGRAM FOR THE ESTABLISHMENT PERIOD AND FOR LONG-TERM MAINTENANCE. 3. THE CONTRACTOR SHALL INSTALL SOIL AMENDMENTS AND FERTILIZERS PER THE SOILS REPORT RECOMMENDATIONS. ANY CHANGE IN COST DUE TO THE SOIL REPORT RECOMMENDATIONS, EITHER INCREASE OR DECREASE, SHALL BE SUBMITTED TO THE OWNER WITH THE REPORT. 4. FOR BIDDING PURPOSES ONLY, THE SOIL PREPARATION SHALL CONSIST OF THE FOLLOWING: a. TURF: INCORPORATE THE FOLLOWING AMENDMENTS INTO THE TOP 8" OF SOIL BY MEANS OF ROTOTILLING AFTER CROSS -RIPPING: i. NITROGEN STABILIZED ORGANIC AMENDMENT - 4 CU. YDS. PER 1,000 S.F. ii. PREPLANT TURF FERTILIZER (10-20-10 OR SIMILAR, SLOW RELEASE, ORGANIC) - 15 LBS PER 1,000 S.F. iii. "CLAY BUSTER" OR EQUAL - USE MANUFACTURER'S RECOMMENDED RATE b. TREES, SHRUBS, AND PERENNIALS: INCORPORATE THE FOLLOWING AMENDMENTS INTO THE TOP 8" OF SOIL BY MEANS OF ROTOTILLING AFTER CROSS -RIPPING: i. NITROGEN STABILIZED ORGANIC AMENDMENT - 4 CU. YDS. PER 1,000 S.F. ii. 12-12-12 FERTILIZER (OR SIMILAR, ORGANIC, SLOW RELEASE) - 10 LBS. PER CU. YD. iii. "CLAY BUSTER" OR EQUAL - USE MANUFACTURER'S RECOMMENDED RATE iv. IRON SULPHATE - 2 LBS. PER CU. YD. 5. IN THE CONTEXT OF THESE PLANS, NOTES, AND SPECIFICATIONS, "FINISH GRADE" REFERS TO THE FINAL ELEVATION OF THE SOIL SURFACE (NOT TOP OF MULCH) AS INDICATED ON THE GRADING PLANS. a. BEFORE STARTING WORK, THE LANDSCAPE CONTRACTOR SHALL VERIFY THAT THE ROUGH GRADES OF ALL LANDSCAPE AREAS ARE WITHIN +/-0.1' OF FINISH GRADE. SEE SPECIFICATIONS FOR MORE DETAILED INSTRUCTION ON TURF AREA AND PLANTING BED PREPARATION. b. CONSTRUCT AND MAINTAIN FINISH GRADES AS SHOWN ON GRADING PLANS, AND CONSTRUCT AND MAINTAIN SLOPES AS RECOMMENDED BY THE GEOTECHNICAL REPORT. ALL LANDSCAPE AREAS SHALL HAVE POSITIVE DRAINAGE AWAY FROM STRUCTURES AT THE MINIMUM SLOPE SPECIFIED IN THE REPORT AND ON THE GRADING PLANS, AND AREAS OF POTENTIAL PONDING SHALL BE REGRADED TO BLEND IN WITH THE SURROUNDING GRADES AND ELIMINATE PONDING POTENTIAL. C. THE LANDSCAPE CONTRACTOR SHALL DETERMINE WHETHER OR NOT THE EXPORT OF ANY SOIL WILL BE NEEDED, TAKING INTO ACCOUNT THE ROUGH GRADE PROVIDED, THE AMOUNT OF SOIL AMENDMENTS TO BE ADDED (BASED ON A SOIL TEST, PER SPECIFICATIONS), AND THE FINISH GRADES TO BE ESTABLISHED. d. ENSURE THAT THE FINISH GRADE IN SHRUB AREAS IMMEDIATELY ADJACENT TO WALKS AND OTHER WALKING SURFACES, AFTER INSTALLING SOIL AMENDMENTS, IS 3" BELOW THE ADJACENT FINISH SURFACE, IN ORDER TO ALLOW FOR PROPER MULCH DEPTH. TAPER THE SOIL SURFACE TO MEET FINISH GRADE, AS SPECIFIED ON THE GRADING PLANS, AT APPROXIMATELY 18" AWAY FROM THE WALKS. e. ENSURE THAT THE FINISH GRADE IN TURF AREAS IMMEDIATELY ADJACENT TO WALKS AND OTHER WALKING SURFACES, AFTER INSTALLING SOIL AMENDMENTS, IS 1" BELOW THE FINISH SURFACE OF THE WALKS. TAPER THE SOIL SURFACE TO MEET FINISH GRADE, AS SPECIFIED ON THE GRADING PLANS, AT APPROXIMATELY 18" AWAY FROM THE WALKS. f. SHOULD ANY CONFLICTS AND/OR DISCREPANCIES ARISE BETWEEN THE GRADING PLANS, GEOTECHNICAL REPORT, THESE NOTES AND PLANS, AND ACTUAL CONDITIONS, THE CONTRACTOR SHALL IMMEDIATELY BRING SUCH ITEMS TO THE ATTENTION OF THE LANDSCAPE ARCHITECT, GENERAL CONTRACTOR, AND OWNER. 6. ONCE SOIL PREPARATION IS COMPLETE, THE LANDSCAPE CONTRACTOR SHALL ENSURE THAT THERE ARE NO DEBRIS. TRASH. OR STONES LARGER THAN 1" REMAINING IN THE TOP 6" OF SOIL. B. SUBMITTALS 1. THE CONTRACTOR SHALL PROVIDE SUBMITTALS AND SAMPLES, IF REQUIRED, TO THE LANDSCAPE ARCHITECT, AND RECEIVE APPROVAL IN WRITING FOR SUCH SUBMITTALS BEFORE WORK COMMENCES. 2. SUBMITTALS SHALL INCLUDE PHOTOS OF PLANTS WITH A RULER OR MEASURING STICK FOR SCALE, PHOTOS OR SAMPLES OF ANY REQUIRED MULCHES, AND SOIL TEST RESULTS AND PREPARATION RECOMMENDATIONS FROM THE TESTING LAB (INCLUDING COMPOST AND FERTILIZER RATES AND TYPES, AND OTHER AMENDMENTS FOR TREE/SHRUB, TURF, AND SEED AREAS AS MAY BE APPROPRIATE). 3. SUBMITTALS SHALL ALSO INCLUDE MANUFACTURER CUT SHEETS FOR PLANTING ACCESSORIES SUCH AS TREE STAKES AND TIES, EDGING, AND LANDSCAPE FABRICS (IF ANY). 4. WHERE MULTIPLE ITEMS ARE SHOWN ON A PAGE, THE CONTRACTOR SHALL CLEARLY INDICATE THE ITEM BEING CONSIDERED. C. GENERAL PLANTING 1. REMOVE ALL NURSERY TAGS AND STAKES FROM PLANTS. 2. EXCEPT IN AREAS TO BE PLANTED WITH ORNAMENTAL GRASSES, APPLY PRE -EMERGENT HERBICIDES AT THE MANUFACTURER'S RECOMMENDED RATE. 3. TRENCHING NEAR EXISTING TREES: a. CONTRACTOR SHALL NOT DISTURB ROOTS 1-1/2" AND LARGER IN DIAMETER WITHIN THE CRITICAL ROOT ZONE (CRZ) OF EXISTING TREES, AND SHALL EXERCISE ALL POSSIBLE CARE AND PRECAUTIONS TO AVOID INJURY TO TREE ROOTS, TRUNKS, AND BRANCHES. THE CRZ IS DEFINED AS A CIRCULAR AREA EXTENDING OUTWARD FROM THE TREE TRUNK, WITH A RADIUS EQUAL TO V FOR EVERY 1" OF TRUNK DIAMETER -AT -BREAST -HEIGHT (4.5' ABOVE THE AVERAGE GRADE AT THE TRUNK). b. ALL EXCAVATION WITHIN THE CRZ SHALL BE PERFORMED USING HAND TOOLS. NO MACHINE EXCAVATION OR TRENCHING OF ANY KIND SHALL BE ALLOWED WITHIN THE CRZ. C. ALTER ALIGNMENT OF PIPE TO AVOID TREE ROOTS 1-1/2" AND LARGER IN DIAMETER. WHERE TREE ROOTS 1-1/2" AND LARGER IN DIAMETER ARE ENCOUNTERED IN THE FIELD, TUNNEL UNDER SUCH ROOTS. WRAP EXPOSED ROOTS WITH SEVERAL LAYERS OF BURLAP AND KEEP MOIST. CLOSE ALL TRENCHES WITHIN THE CANOPY DRIP LINES WITHIN 24 HOURS. d. ALL SEVERED ROOTS SHALL BE HAND PRUNED WITH SHARP TOOLS AND ALLOWED TO AIR-DRY. DO NOT USE ANY SORT OF SEALERS OR WOUND PAINTS. D. TREE PLANTING 1. TREE PLANTING HOLES SHALL BE EXCAVATED TO MINIMUM WIDTH OF TWO TIMES THE WIDTH OF THE ROOTBALL, AND TO A DEPTH EQUAL TO THE DEPTH OF THE ROOTBALL LESS TWO TO FOUR INCHES. 2. SCARIFY THE SIDES AND BOTTOM OF THE PLANTING HOLE PRIOR TO THE PLACEMENT OF THE TREE. REMOVE ANY GLAZING THAT MAY HAVE BEEN CAUSED DURING THE EXCAVATION OF THE HOLE. 3. FOR CONTAINER AND BOX TREES, TO REMOVE ANY POTENTIALLY GIRDLING ROOTS AND OTHER ROOT DEFECTS, THE CONTRACTOR SHALL SHAVE A 1" LAYER OFF OF THE SIDES AND BOTTOM OF THE ROOTBALL OF ALL TREES JUST BEFORE PLACING INTO THE PLANTING PIT. DO NOT "TEASE" ROOTS OUT FROM THE ROOTBALL. 4. INSTALL THE TREE ON UNDISTURBED SUBGRADE SO THAT THE TOP OF THE ROOTBALL IS TWO TO FOUR INCHES ABOVE THE SURROUNDING GRADE. 5. BACKFILL THE TREE HOLE UTILIZING THE EXISTING TOPSOIL FROM ON -SITE. ROCKS LARGER THAN 1" DIA. AND ALL OTHER DEBRIS SHALL BE REMOVED FROM THE SOIL PRIOR TO THE BACKFILL. SHOULD ADDITIONAL SOIL BE REQUIRED TO ACCOMPLISH THIS TASK, USE STORED TOPSOIL FROM ON -SITE OR IMPORT ADDITIONAL TOPSOIL FROM OFF -SITE AT NO ADDITIONAL COST TO THE OWNER. IMPORTED TOPSOIL SHALL BE OF SIMILAR TEXTURAL CLASS AND COMPOSITION IN THE ON -SITE SOIL. 6. TREES SHALL NOT BE STAKED UNLESS LOCAL CONDITIONS (SUCH AS HEAVY WINDS OR SLOPES) REQUIRE STAKES TO KEEP TREES UPRIGHT. SHOULD STAKING BE REQUIRED, THE TOTAL NUMBER OF TREE STAKES (BEYOND THE MINIMUMS LISTED BELOW) WILL BE LEFT TO THE LANDSCAPE CONTRACTOR'S DISCRETION. SHOULD ANY TREES FALL OR LEAN, THE LANDSCAPE CONTRACTOR SHALL STRAIGHTEN THE TREE, OR REPLACE IT SHOULD IT BECOME DAMAGED. TREE STAKING SHALL ADHERE TO THE FOLLOWING GUIDELINES: a. 1 "-2" TREES TWO STAKES PER TREE b. 2-1/2"4' TREES THREE STAKES PER TREE C. TREES OVER 4" CALIPER GUY AS NEEDED d. MULTI -TRUNK TREES THREE STAKES PER TREE MINIMUM, QUANTITY AND POSITIONS AS NEEDED TO STABILIZE THE TREE 7. UPON COMPLETION OF PLANTING, CONSTRUCT AN EARTH WATERING BASIN AROUND THE TREE. COVER THE INTERIOR OF THE TREE RING WITH THE WEED BARRIER CLOTH AND TOPDRESS WITH MULCH (TYPE AND DEPTH PER PLANS). E. SHRUB, PERENNIAL, AND GROUNDCOVER PLANTING 1. DIG THE PLANTING HOLES TWICE AS WIDE AND 2" LESS DEEP THAN EACH PLANT'S ROOTBALL. INSTALL THE PLANT IN THE HOLE. BACKFILL AROUND THE PLANT WITH SOIL AMENDED PER SOIL TEST RECOMMENDATIONS. 2. INSTALL THE WEED BARRIER CLOTH, OVERLAPPING IT AT THE ENDS. UTILIZE STEEL STAPLES TO KEEP THE WEED BARRIER CLOTH IN PLACE. 3. WHEN PLANTING IS COMPLETE, INSTALL MULCH (TYPE AND DEPTH PER PLANS) OVER ALL PLANTING BEDS, COVERING THE ENTIRE PLANTING AREA. F. SODDING 1. SOD VARIETY TO BE AS SPECIFIED ON THE LANDSCAPE PLAN. 2. LAY SOD WITHIN 24 HOURS FROM THE TIME OF STRIPPING. DO NOT LAY IF THE GROUND IS FROZEN. 3. LAY THE SOD TO FORM A SOLID MASS WITH TIGHTLY FITTED JOINTS. BUTT ENDS AND SIDES OF SOD STRIPS - DO NOT OVERLAP. STAGGER STRIPS TO OFFSET JOINTS IN ADJACENT COURSES. 4. ROLL THE SOD TO ENSURE GOOD CONTACT OF THE SOD'S ROOT SYSTEM WITH THE SOIL UNDERNEATH. 5. WATER THE SOD THOROUGHLY WITH A FINE SPRAY IMMEDIATELY AFTER PLANTING TO OBTAIN AT LEAST SIX INCHES OF PENETRATION INTO THE SOIL BELOW THE SOD. G. HYDROMULCHING 1. TURF HYDROMULCH MIX (PER 1,000 SF) SHALL BE AS FOLLOWS: a. WINTER MIX (OCTOBER 1 - MARCH 31) 50# CELLULOSE FIBER MULCH 2# UNHULLED BERMUDA SEED 2# ANNUAL RYE SEED 15# 15-15-15 WATER SOLUBLE FERTILIZER b. SUMMER MIX (APRIL 1 - SEPTEMBER 30) 50# CELLULOSE FIBER MULCH 2# HULLED BERMUDA SEED 15# 15-15-15 WATER SOLUBLE FERTILIZER 2. SEED HYDROMULCH MIX (PER 1,000 SF) SHALL BE AS FOLLOWS: a. GENERAL 50# CELLULOSE FIBER MULCH 15# 15-15-15 WATER SOLUBLE FERTILIZER SEED RATE PER LEGEND H. MULCH 1. INSTALL MULCH TOPDRESSING, TYPE AND DEPTH PER MULCH NOTE, IN ALL PLANTING AREAS AND TREE RINGS. 2. DO NOT INSTALL MULCH WITHIN 6" OF TREE ROOT FLARE AND WITHIN 24" OF HABITABLE STRUCTURES, EXCEPT AS MAY BE NOTED ON THESE PLANS. MULCH COVER WITHIN 6" OF CONCRETE WALKS AND CURBS SHALL NOT PROTRUDE ABOVE THE FINISH SURFACE OF THE WALKS AND CURBS. MULCH COVER WITHIN 12" OF WALLS SHALL BE AT LEAST 3" LOWER THAN THE TOP OF WALL. I. CLEAN UP 1. DURING LANDSCAPE PREPARATION AND PLANTING, KEEP ALL PAVEMENT CLEAN AND ALL WORK AREAS IN A NEAT, ORDERLY CONDITION. 2. LEGALLY DISPOSE ALL EXCAVATED MATERIALS OFF THE PROJECT SITE. J. INSPECTION AND ACCEPTANCE 1. UPON COMPLETION OF THE WORK, THE LANDSCAPE CONTRACTOR SHALL PROVIDE THE SITE CLEAN, FREE OF DEBRIS AND TRASH, AND SUITABLE FOR USE AS INTENDED. THE LANDSCAPE CONTRACTOR SHALL THEN REQUEST AN INSPECTION BY THE OWNER TO DETERMINE FINAL ACCEPTABILITY. 2. WHEN THE INSPECTED PLANTING WORK DOES NOT COMPLY WITH THE CONTRACT DOCUMENTS, THE LANDSCAPE CONTRACTOR SHALL REPLACE AND/OR REPAIR THE REJECTED WORK TO THE OWNER'S SATISFACTION WITHIN 24 HOURS. 3. THE LANDSCAPE MAINTENANCE PERIOD WILL NOT COMMENCE UNTIL THE LANDSCAPE WORK HAS BEEN RE -INSPECTED BY THE OWNER AND FOUND TO BE ACCEPTABLE. AT THAT TIME, A WRITTEN NOTICE OF FINAL ACCEPTANCE WILL BE ISSUED BY THE OWNER, AND THE MAINTENANCE AND GUARANTEE PERIODS WILL COMMENCE. K. LANDSCAPE MAINTENANCE 1. THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF ALL WORK SHOWN ON THESE PLANS FOR 90 DAYS BEYOND FINAL ACCEPTANCE OF ALL LANDSCAPE WORK BY THE OWNER. LANDSCAPE MAINTENANCE SHALL INCLUDE WEEKLY SITE VISITS FOR THE FOLLOWING ACTIONS (AS APPROPRIATE): PROPER PRUNING, RESTAKING OF TREES, RESETTING OF PLANTS THAT HAVE SETTLED, MOWING AND AERATION OF LAWNS, WEEDING, RESEEDING AREAS WHICH HAVE NOT GERMINATED WELL, TREATING FOR INSECTS AND DISEASES,REPLACEMENT OF MULCH, REMOVAL OF LITTER, REPAIRS TO THE IRRIGATION SYSTEM DUE TO FAULTY PARTS AND/OR WORKMANSHIP, AND THE APPROPRIATE WATERING OF ALL PLANTINGS. THE LANDSCAPE CONTRACTOR SHALL MAINTAIN THE IRRIGATION SYSTEM IN PROPER WORKING ORDER, WITH SCHEDULING ADJUSTMENTS BY SEASON TO MAXIMIZE WATER CONSERVATION. 2. SHOULD SEEDED AND/OR SODDED AREAS NOT BE COVERED BY AN AUTOMATIC IRRIGATION SYSTEM, THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR WATERING THESE AREAS AND OBTAINING A FULL, HEALTHY STAND OF PLANTS AT NO ADDITIONAL COST TO THE OWNER. 3. TO ACHIEVE FINAL ACCEPTANCE AT THE END OF THE MAINTENANCE PERIOD, ALL OF THE FOLLOWING CONDITIONS MUST OCCUR: a. THE LANDSCAPE SHALL SHOW ACTIVE, HEALTHY GROWTH (WITH EXCEPTIONS MADE FOR SEASONAL DORMANCY). ALL PLANTS NOT MEETING THIS CONDITION SHALL BE REJECTED AND REPLACED BY HEALTHY PLANT MATERIAL PRIOR TO FINAL ACCEPTANCE. b. ALL HARDSCAPE SHALL BE CLEANED PRIOR TO FINAL ACCEPTANCE. C. SODDED AREAS MUST BE ACTIVELY GROWING AND MUST REACH A MINIMUM HEIGHT OF 1 1/2 INCHES BEFORE FIRST MOWING. HYDROMULCHED AREAS SHALL SHOW ACTIVE, HEALTHY GROWTH. BARE AREAS LARGER THAN TWELVE SQUARE INCHES MUST BE RESODDED OR RESEEDED (AS APPROPRIATE) PRIOR TO FINAL ACCEPTANCE. ALL SODDED TURF SHALL BE NEATLY MOWED. L. WARRANTY PERIOD, PLANT GUARANTEE AND REPLACEMENTS 1. THE LANDSCAPE CONTRACTOR SHALL GUARANTEE ALL TREES, SHRUBS, PERENNIALS, SOD, SEEDED/HYDROMULCHED AREAS, AND IRRIGATION SYSTEMS FOR A PERIOD OF ONE YEAR FROM THE DATE OF THE OWNER'S FINAL ACCEPTANCE (90 DAYS FOR ANNUAL PLANTS). THE CONTRACTOR SHALL REPLACE, AT HIS OWN EXPENSE AND TO THE SATISFACTION OF THE OWNER, ANY PLANTS WHICH DIE IN THAT TIME, OR REPAIR ANY PORTIONS OF THE IRRIGATION SYSTEM WHICH OPERATE IMPROPERLY. 2. AFTER THE INITIAL MAINTENANCE PERIOD AND DURING THE GUARANTEE PERIOD, THE LANDSCAPE CONTRACTOR SHALL ONLY BE RESPONSIBLE FOR REPLACEMENT OF PLANTS WHEN PLANT DEATH CANNOT BE ATTRIBUTED DIRECTLY TO OVERWATERING OR OTHER DAMAGE BY HUMAN ACTIONS. M. PROVIDE A MINIMUM OF (2) COPIES OF RECORD DRAWINGS TO THE OWNER UPON COMPLETION OF WORK. A RECORD DRAWING IS A RECORD OF ALL CHANGES THAT OCCURRED IN THE FIELD AND THAT ARE DOCUMENTED THROUGH CHANGE ORDERS, ADDENDA, OR CONTRACTOR/CONSULTANT DRAWING MARKUPS. (DROLLED-TOPSTEEL EDGING PER PLANS. OTAPERED STEEL STAKES. MULCH, TYPE AND DEPTH PER PLANS. O OFINISH GRADE. NOTES: 1) INSTALL EDGING SO THAT STAKES WILL BE ON INSIDE OF PLANTING BED. 2) BOTTOM OF EDGING SHALL BE BURIED A MINIMUM OF 1" BELOW FINISH GRADE. 3) TOP OF MULCH SHALL BE 1" LOWER THAN TOP OF EDGING. STEEL EDGING SCALE: NOT TO SCALE DISTANCE PER PLAN 24" MIN. TO EDGE OF MATURE CANOPY O CURB. OMULCH LAYER. OPLANT. OTURF (WHERE SHOWN ON PLAN). PLANTING AT PARKING AREA SCALE: NOT TO SCALE OPEN LANDSCAPE PARKWAY TO 10' I I I in I I I I ROOT BARRIER - PLAN VIEW SCALE: NOT TO SCALE OTYPICAL WALKWAY OR PAVING OTREE TRUNK OTYPICAL SYMBOL FOR LINEAR ROOT BARRIER MATERIAL. SEE PLANTING NOTES FOR TYPE AND MANUFACTURER. INSTALL PER MANUFACTURER'S SPECIFICATIONS. OTREE CANOPY OTYPICAL PLANTING AREA OTYPICAL CURB AND GUTTER NON -CONIFEROUS TREE STAKING EXAMPLES (PLAN VIEW) 1 ®/ 40 PREVAILING PREVAILING WINDS WINDS TREE �;ffING A SCALE: NOT 2X OTREE CANOPY. OCINCH -TIES (24" BOX/2" CAL. TREES AND SMALLER) OR 12 GAUGE GALVANIZED WIRE WITH NYLON TREE STRAPS AT TREE AND STAKE (36" BOX/2.5" CAL. TREES AND LARGER). SECURE TIES OR STRAPS TO TRUNK JUST ABOVE LOWEST MAJOR BRANCHES. O24" X 3/4" P.V.C. MARKERS OVER WIRES. OGREEN STEEL T-POSTS. EXTEND POSTS 12" MIN. INTO UNDISTURBED SOIL. OPRESSURE -TREATED WOOD DEADMAN, TWO PER TREE (MIN.). BURY OUTSIDE OF PLANTING PIT AND 18" MIN. INTO UNDISTURBED SOIL. OTRUNK FLARE. OMULCH, TYPE AND DEPTH PER PLANS. DO NOT PLACE MULCH WITHIN 6" OF TRUNK. OFINISH GRADE. OROOT BALL. 10 BACKFILL. AMEND AND FERTILIZE ONLY AS RECOMMENDED IN SOIL FERTILITY ANALYSIS. 11 UNDISTURBED NATIVE SOIL. 12 4" HIGH EARTHEN WATERING BASIN. GFINISH GRADE. G NOTES: 1. SCARIFY SIDES OF PLANTING PIT PRIOR TO SETTING TREE. 2. REMOVE EXCESS SOIL APPLIED ON TOP OF THE ROOTBALL THAT COVERS THE ROOT FLARE. THE PLANTING HOLE DEPTH SHALL BE SUCH THAT THE ROOTBALL RESTS ON UNDISTURBED SOIL, AND THE ROOT FLARE IS 2"-4" ABOVE FINISH GRADE. 3. FOR B&B TREES, CUT OFF BOTTOM 1/3 OF WIRE BASKET BEFORE PLACING TREE IN HOLE, CUT OFF AND REMOVE REMAINDER OF BASKET AFTER TREE IS SET IN HOLE, REMOVE ALL NYLON TIES, TWINE, ROPE, AND OTHER PACKING MATERIAL. REMOVE AS MUCH BURLAP FROM AROUND ROOTBALL AS IS PRACTICAL. 4. REMOVE ALL NURSERY STAKES AFTER PLANTING. 5. FOR TREES 36" BOX/2.5" CAL. AND LARGER, USE THREE STAKES OR DEADMEN (AS APPROPRIATE), SPACED EVENLY AROUND TREE. 6. STAKING SHALL BE TIGHT ENOUGH TO PREVENT TRUNK FROM BENDING, BUT LOOSE ENOUGH TO ALLOW SOME TRUNK MOVEMENT IN WIND. (DSHRUB, PERENNIAL, OR ORNAMENTAL GRASS. OMULCH, TYPE AND DEPTH PER PLANS. PLACE NO MORE THAN 1" OF MULCH WITHIN 6" OF PLANT CENTER. OFINISH GRADE. OROOT BALL. OBACKFILL. AMEND AND FERTILIZE ONLY AS RECOMMENDED IN SOIL FERTILITY ANALYSIS. OUNDISTURBED NATIVE SOIL. O3" HIGH EARTHEN WATERING BASIN. OWEED FABRIC UNDER MULCH. SHRUB AND PERENNIAL PLANTING SCALE: NTS EQUAL 'LANT CENTER (TYP.) c EDGE OF PLANTING AREA NOTE: ALL PLANTS SHALL BE PLANTED AT EQUAL TRIANGULAR SPACING (EXCEPT WHERE SHOWN ON PLANS AS INFORMAL GROUPINGS). REFER TO PLANT LEGEND FOR SPACING DISTANCE BETWEEN PLANTS. 1) STEP 1: DETERMINE TOTAL PLANTS FOR THE AREA WITH THE FOLLOWING FORMULA: TOTAL AREA / AREA DIVIDER = TOTAL PLANTS PLANT SPACING AREA DIVIDER PLANT SPACING AREA DIVIDER 6" 0.22 18" 1.95 8" 0.39 24" 3.46 10" 0.60 30" 5.41 12" 0.87 36" 7.79 15" 1.35 2) STEP 2: SUBTRACT THE ROW (S) OF PLANTS THAT WOULD OCCUR AT THE EDGE OF THE PLANTED AREA WITH THE FOLLOWING FORMULA: TOTAL PERIMETER LENGTH / PLANT SPACING = TOTAL PLANT SUBTRACTION EXAMPLE: PLANTS AT 18" O.C. IN 100 SF PLANTING AREA, 40 LF PERIMETER STEP 1: 100 SF/1.95 = 51 PLANTS STEP 2: 51 PLANTS - (40 LF / 1.95 = 21 PLANTS) = 30 PLANTS TOTAL 7N\ PLANT SPACING SCALE: NTS EVERGREEN DESIGN G ROUP (800)680-6630 15305 Dallas Pkwy., Ste 300 Addison, TX 75001 www.EvergreenDesignGroup.com Vf Z 0 N W cc O z LY of 0 U r m m m 0 0 z w w z ]C Q C7 w ccin = 0 in U >z N m O H CD2 U) U) :D IZT v) O rn Q lV Q � ui w O U 0 z cn m O \,pNDSCgp •`�QpPHER�'•• c::.y� 10 CC_E / N=ni *%,-3s 5a--•'•��Py Z 0 Z D W cc z V z Q QLL O 0 H U0 0 W (S V W Z 08/19/2019 V Z O 1 nw U_ I..L U_ Q U rUn w '^ z v, W J J 1 W 0 SHEET NO. LP�2 OF C:\Users\cmros\Dropbox (Rodney)\EDG - Shared\2019\Neighborhood CU - Anna TX\NCU Anna TX LP.dwg cmros: August 19, 2019 MATERIAL AREA CALCULATIONS NORTHWEST: OEM I i I I Ism- � IN i 10 � i 0 0 1 MASONRY 394 S.F. WINDOW FRAMING/GLASS: 53 S.F. METAL COPING TRIM: 17 S.F. TOTAL: 464 S.F. NORTHEAST: MASONRY: 519 S.F. METAL DOOR: 27 S.F METAL COPING TRIM: 21 S.F. TOTAL: 576 S.F. SOUTHWEST: MASONRY: 226 S.F. WINDOW FRAMING/GLASS 53 S.F. METAL COPING TRIM: 21 S.F. TOTAL: 300 S.F. SOUTHEAST: MASONRY: 308 S.F. WINDOW FRAMING.GLASS: 53 S.F. METAL COPING TRIM: 14 S.F. TOTAL: 375 S.F. NORTH: MASONRY: 132 S.F. METAL COPING TRIM: 5 S.F. TOTAL: 137 S.F. ROTUNDA: MASONRY: 92 S.F STUCCO: 406 S.F. WINDOW FRAMING/GLASS: 831 S.F. METAL PANEL 96 S.F. METAL COPING TRIM: 63 S.F. METAL UPPER AWNING: 165 S.F. METAL LOWER AWNING: 30 S.F. TOTAL: 1,684 S.F. PERFORATED OR EXPANDED STEEL MESH SHADING ELEMENT ALUMINUM INSERT PANEL IN STOREFRONT IN LIEU OF GLASS STOREFRONT FRAME / GLASS CAST STONE ACCENT BAND - STORE STUCCO CURVED PARAPET WALL CURVED STEEL CHANNEL /-- PREFINISHED METAL COPING CAP ALUMINUM INSERT PANEL IN STOREFRONT IN LIEU OF GLASS ALUMINUM INSERT PANEL IN STOREFRONT IN LIEU OF GLASS CURVED STEEL CHANNEL [mr4 E s k �r STEEL SUPPORT BRACKET STONE VENEER - COLOR 1 a �I July 22, 2019 MEIN THE CITY OF Anna AGENDA ITEM: Item No. 5.e. City Council Agenda Staff Report Meeting Date: 9/10/2019 Approve a Resolution approving a site plan for the City's Inc. Cube building located at 312 N Powell Pkwy. (Ashley Stathatos) SUMMARY: The City of Anna's EDC, who owns the property, has submitted a site plan for the Inc. Cube building located at 312 N Powell Pkwy. The site contains approximately 0.359 acres of land that is zoned under PD 584-2012 as part of the Downtown Redevelopment District. They are submitting the site plan in order to show the changes to the property due to TX DOT's acquisition of a substantial part of their ROW. The previously existing structure will stay intact, but four parking spots will need to be removed. STAFF RECOMMENDATION: Approval of a resolution approving the Inc. Cube site plan. I-AALTa:IITJ 14►11&5 Description Resolution Site Plan Location Map Upload Date Type 9/5/2019 Resolution 9/5/2019 Exhibit 9/5/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE INC. CUBE SITE PLAN. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III-C of the Anna City Code of Ordinances ("Zoning Ordinance"); and WHEREAS, the City of Anna's EDC has submitted an application for approval of a site plan for Inc. Cube; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Site Plan The City Council hereby approves the site plan for Inc. Cube attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 10t" day of September, 2019. ATTEST: • ''' SA City Secretary, Carrie L Smith Mayor, Nate Pike ilw z to ULAJ ADDITION, BLK1, LOP INST. NO. 20080328010001220 z 0.861 ACRES - w II II II EXISTING R.O.W. LINE J I W.1ST STREET (60' R.O.W.) I EXISTING R.O.W. LINE I I I I I I wl w zl � ziI 0 of CD C z z w �IZ JA VENTURES LLC I w INST. NO. 20141111001233420 0.43 ACRES I I I I I I I r —I Ot HACKBERRYLN JA VENTURES LLC SOlJjO INST. NO. 201411110012334L; LOcct Ion � 0.717 ACRES w fsr sz � I g W W o W. 2ND 57 - z I W 3RD Sl I i LOCATION MAP w. Z Jw z J o � I 10 I I z I SUDDERTH REAL ESTATE INC. z INST. NO. 20120509000542310 PAUL & SUSAN WILLIAMS W Il 0.252 ACRES INST, NO. 1591470 0.271 ACRES PARKING SPOT TABLE 22 EXISTING PARKING SPOTS 18 PARKING SPOTS TO REMAIN 4 PARKING SPOTS TO BE REMOVED ZONING - PD 584-2012 � I � I --- _ _ EXISTING R.O.W. LINE I __ I _ _ I EXISTING SIDEWALK W.IST STREETI I(80 R.O.W.) .M. • d ® O C. W,M. HENRY BRANTLEY LC.SURVEY V BOLLARDS .M. ABSTRACT 71 C �l 1 "X7-7 E>'IS I G R.( D ANNA ECONOMIC I DEVELOPMENT CORPORATION I INST. NO. 20111117001246950 3 CALLED 0.359 ACRES J z_ 3 a N z 2.1 a � W I EXISTING BRICK STRUCTURE z I o I o EEJ TxDOT ROW MON. W/ 2', PLASTIC CAP P 4, TxDOT ROW MON. R W/ 2', PLASTIC CAP -I I.R.F.C. IJONG INVESTMENTS LLC INST, NO. 20150713000853500 I 0.1616 ACRES — ? IZ � I� CE I� CE c� rr z � X IZ Iw t These plans and related specifications were prepared II `Re.,`o��f o` `d epe` t' project ly. Reuse r these documents is not permitted without written authorization of Bi,kh.ff F7enarfoks &carter, L.L.P. If a,,s dr anmg is �a...y d� m n elweennth rde, ,f y dreorepnn�y rennetween the electranlc roe and the e��linaff. Hendricks & Carter, t c original no all ... me nriginol document III govern i II e BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS TBPE Firm No. 526; TBPLS Firm No. 10031800 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 214 361-7900 � ) IN — 1/2" I.R.F. I_ I JONIC INVESTMENTS LLC INST. NO. 16001174110 0.18720150916001174110 .187 ACRES LEGEND "I.R.F." IRON ROD -- -- ———— - FOUND "R.0.W." RIGHT OF WAY LARDS. I "X" FOUND X CHISELED IN •II MARIE MOODY CONCRETE INST. NO. 20100510000464840 0.172 ACRES EXISTING I (V. I PARKING AREA EXISTING I I I SIDEWALK I JONIC INVESTMENTS LLC I I INST. NO. 20150610000688870 0.359 ACRES 0 20 40 60 HORIZONTAL SCALE IN FEET CITY OF ANNA, TEXAS BHC ANNA ECONOMIC DEVELOPMENT CORP. PROJECT NO. SHEET NO.4013-108 INC. CUBE SITE PLAN - 312 N. POWELL PKWY. AUGUST 2019 1 VISED: 8/29/19 - CCRAWFORD H:\Projects\Anna EDC\General Services-4013\4013-108\Sheets\4013-108 Site Plan 1.dwg PLOT SCALE: 1:2 PLOT STYLE: llxl7.ctb PLOTTED BY: CHASE CRAWFORD ON 8/29/2019 HACKBE ITH E STREET FIRST ST. SECOND I STREET THIRSTREET �-1 1- W W 1- w THE CITY OF Anna AGENDA ITEM: Item No. 5.f. City Council Agenda Staff Report Meeting Date: 9/10/2019 Approve a Resolution approving the Green Meadows Final Plat. (Ashley Stathatos) SUMMARY: The Green Meadows Final Plat is located in the Z.F. Lister Survey, Abstract No. 546. The plat contains approximately 35.056 acres covering a section of land East of Highway 5 and South of County Road 1106 that will consist of 120 residential lots and 8 open space lots. STAFF RECOMMENDATION: Approval of a resolution approving the Green Meadows Final Plat. ATTACHMENTS: Description Resolution Final Plat Location Map Upload Date Type 9/5/2019 Resolution 9/5/2019 Exhibit 9/5/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF GREEN MEADOWS. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Kimley-Horn has submitted an application for approval of a Final Plat of the Green Meadows Subdivision; WHEREAS, The Final Plat of Green Meadows generally conforms to the Preliminary Plat of Green Meadows; WHEREAS, The Final Plat of Green Meadows conforms to the existing zoning; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the final plat of Green Meadows attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this loth day of September 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike I I LOT 2 1 1/2" IRFC 1/2" IRFC "ROOME" - - 11 4613" - LINE TABLE NO. BEARING LENGTH L1 S43°58'59"E 42.43' L2 N46°01'01"E 42.43' L3 N46°01'01"E 14.14' L4 S43°58'59"E 14.14' L5 N43°58'59"W 14.14' L6 S46°01'01 "W 14.14' L7 N43°58'59"W 14.14' L8 S46°50'22"W 14.35' L9 S54°41'23"E 13.96' L10 S34°34'28"W 14.14' L11 N40°29'04"E 14.14' L12 N38°43'00"E 13.73' L13 S51°23'26"E 14.63' L14 N38°34'47"E 13.69' L15 N50°57'53"W 14.51' L16 S39°03'29"W 13.80' L17 N50°51'39"W 14.49' L18 S43°30'08"E 14.25' L19 N46°31'25"E 14.04' L20 S88°58'59"E 35.11' L21 N01 °47'33"E 43.76' L22 N40°29'04"E 7.73' 1 LOT 3 I LOT 4 1/2" IRFC 1/2" IRFC "ROOME" - - - - - f 114613" I LOT 8 LOT 5 I LOT 6 I LOT 7 SUMMER LAKE COUNTRY ESTATES, LOTS 1 THRU 12, BLOCK A VOL. 2016, PG. 415 P.R.C.C.T. - - r1/2" IRF - - - - - - I W. CRENGER SURVEY ABSTRACT NO. 164 1/2" IRF (LEANING) LOT 9 45' RIGHT-OF-WAY DEDICATION P'O'B'-\ VOL. 2016, PG. 415, P.R.C.C.T. ° ' " MAG NAIL SET APPROXIMATE LOCATION �y �� 4 � S88 58 59 E 855.23' /-OF ABSTRACT LINE 100D NAIL N\--� f� �� s� FOUND BEARS r` S 4°30' E 1.9' M \ RIGHT-OF-WAY DEDICATION o TO THE CITY OF ANNA N88°58'59"W 851.58' M COUNTY ROAD NO. 1106 - - - - - - - - - - - - - - - - - - - - Imo\ 5'WALLMAINTENANCE EASEMENT---619.62' --::�2FVTATER ---------------------_--- 23195'_------ _ 1/2"IRFC MAINTAINED BY H.O.A. - LINE EASEMENT BLOCK F N 5' WALL MAINTENANCE EASEMENT (ILLEGIBLE) - - _546.96'. - - NST. NO. 20170706000882960, O.P.R.C.C.T. LOT 1X-HOA MAINTAINED BY H.O.A. pl � --- ��------ M C1---- 161.58' " BEARSN75°47'W0.6' N88°58 90_51'_ _ 1 X-HO_A N88°58'59"W 355.00' _ 21.21' - - - - - - - 20.09' 170.41' 60.00' 60.00' 60.00' 60.00 60.00' 55.00' `7 �L 21.21_37X-HOA N88°58'59"W 176.38' 23.10' 55.00' 60.00' 61.38' 06 N BLOCK A 21.21' I Q I a; 1 21.21' W W I BLOCK B \ BLOCK D WQo \ CD P 1 O I� O O O O 1 2 W 1 p I I J O �I �I �I �I I o I 9 DRAINAGE 20' ASS°919 7 zl x t,70 o wl wl w w wl m 1 �1 W I i I� I m 36 W1 35 W1 10 I I EASEMENT _� 6 0 5 _0 4 0l 3 0l 2 0l 1 �I1�1 v v 1�1I of o) 34 I \ ,&Sr �V. z � 0 Z Z z z z V.A.M. � `- I I V.A.M. z 25' B.L. Z o 15.22' _ �- 25' B.L_ S.W.M.E. I 5.5' 5.5' 1 S.W.M.E. 10' U.E. 11 cMo / (DETAIL - A) \ 10' U.E. � 34.5' 34.5' (DETAIL - A) �- � � 60.57' \ ' I $_60.00' 60.00'_ 60.00'_ - 6i 0.00' _60-00 �� C2 �� 60.00'- \ I BELFORD m� /� ABERDEEN DRIVE N M 3.16' a ��,\ L_ - STREET NORTH N M SCR - _ N88°58'59"W 483.98' �\ - co 10 V.A.M. I M 241.91' V.A.M. LO - - 36d S.W.M.E. S.W.M.E. 133.20' 108.87' V.A.M. '90- N85°29'04"E 117.79' ^ � (DETAIL - A) W N S.W.M.E. - - N _ 221.48_ _ _ (DETAIL - A) L20 j o � 222.00' (DETAIL - A) �'? 12 \o C' "'i;�1X-HOA ") 10.00,----------- ----- o v __V.A.M. _____ N88°58'59"W 241.95� 10' U.E. 10.00' "' 19.5 S.W.M.E. 0.10' - - z 1X-HOA �10'U.E. rb ' 9 1 LL! 1 0.42' (DETAIL - A) 19.90' - I I o 9.58' _ N88°58'S9"W 242.32' _ _ 0 I o I co I - - -- w co c I cog 1 120.44' I --I c rn o 121.88' (�I I 1 30 I� I I_ Ln N85°29'04'E 122.2 o 4 _ - I _ co cn I c! U I BLOCK D o O v 13 9 IoI �� co I I� �'I 1 NI 12 1� Q W LU 10 Io _ �I I O Cf ' o I I o I I N85°29'04"E 121.08' I co 17.06' _ S85°29'04"W 120.94' 16.11' BLOCK E M X - oo N85°29'04"E 120.00' 50 OD I U) I 10.01' I N I N85°29'04"E 122.52' 1 25' 25' M - N85°29'04"E 120.01' I 29 I �, I I 0 14 4.65' ui o o f ai 50' cwo 1 oI I I O I 1 _ rnl 2 mICq I �� 25 25 1 _'�7o con 11 1 �I I m NORTHPOINTE CROSSING, U- I _ Io I J 2 C° I °� PHASE 1 NORTH o m IU) W b 11 1 co 50' � � N85°29'044'E 121.0� o I VOL. 2006, PG. 819 o I I Lo 25' 25' 1� 121.00' I' o I N I coP.R.C.C.T. co S85°29'044_'W N85°29'04"E 120.00' I ' IDRAINAGE 4"E 120.00' I I C6 1 o V_TN 85°29'04' E 122.52' - II J 10 10 0 1 I of BLOCK C o 2$ N 1 � IW i o M I I EASEMENT151 1 o W of N 3 Q0 1 N j I q 10 :3 CD MI ~ I I I I I d o 12 NI Icon > 1 w l01 3 0LU N85°29'04�'E 121.00' I co S85°29'04"W 121.00' I of Q o I c I I � W -- `° BLOCK A I I I � I m Q I M N85°29'04E 120.00' T a I I W Y I ,n a N85°29'04"E 122.52' � z M - ' N85°29'04"E 120.00' v l w I o u�i w I I I v 0 _ Cfl J W co �� I I " LL Io1 27 I`° W m 10 m Z I- O q 1 4 I I U t o 0 9 1 I I 16 SOUTH BELFORD I I� Io 13 I I I N85°29'04"E 121.00' ?10 I 4 coo I I I CIRCLE 0 1 w 1 S85°29'04"W 121.00' 1( o I I I I m l 1 N85°29'04"E 120.0�r - 1 I 26 I ool N85°29'04"E 122.52' I N85°29'04"E 120.00' C') 1 BLOCK D I / I Io w to / of o I I old, $ 1� � I oI I� I 5 l0 14 I� _ °°1 5 I N85°29'04"E 121.00' co I o Icon I I 1 S85°29'04"W 121.00' 14.91' I can 21.02' N85°29'04"E 120.0�1 I 17 _ I 14.91' I I ' N85°29'04"E 122.33' I I 18 I 19 N85°29'04"E 120.00' I � I I 9.55' M 25 10I BLOCK D 1; 7 I CALLED 17.304 ACRES I M 1 6 `n I I I �11 I 6 oI V.A.M. coo JOSEPH LOREN STEWART I o 15 I I I V.A.M. I g.W.M.E. I 1/2" IRFC VOL. 805, PG. 270 0 1 or, 120.27 (ILLEGIBLE)- I S.W.M.E. (DETAIL�A-)-r D.R.C.C.T. I0 I 1� I I ,� I1 �S83�'31 W 4 1 N83°24'51 E 121.63' 1 1 UI co I (DETAIL - A) 10, U.E. 15�B.L. - - - - - FAT I �� o I o ZF\SPEC NO VS 6 PgS�RA N85°29'04"E 120.84' I w I OO - - 110.00 � 1/2" IRFC - 57.50' JJ - ^ I O z CONSU'NUALTANTS" I rn I� 28.37' V/ 0 w M � 24 < t o V11 I 7 cn cn cn I I 9 22.95' S85°29_ 0�52.50' V Q v \ Q 39 0 16 I� (D - o I I 120.54' 9.7V _ S79°34,28„W C12 WYNDSOR TRAIL L 0 co I 38 co I Sg1°04'24� N80°39'34 E 121.24 23�16' 58.22, N _ y6� / ", 1 1 I 23.21' 60.00' 1 BLOCK I 20' I N85°29'04"E 124.03' z 60.07E. - - 8.53' Q p w23.97' D rno� N 23 w I w 23'2� � 1 1. cn \ M I =1M � I $ co w o I� 25' B.L. CURVE TABLE caw o 17 I 121,00' LO ' 34'28"E �1.00ri ' I V.A.M. �I \ co ` 24.29' 34'28" N79° I 1 I I S.W.M.E. �' co - NO. DELTA RADIUS LENGTH CHORD BEARING CHORD 14.53' I S79, o (DETAIL - A) !I 31 !I 32I 33 aI w I 40 ° 9.55' 1 I. ,I I z O N85 29 04 E 12 0 I I o � I I w 30 � I col �, Q X C1 180°00'00" 5.50' 17.28' N88°58'59"W 11.00, ' I I o 22 '. b o I NORTHPOINTE CROSSING 1 9 0 0 91 o "' 6 I- PHASE 4 WEST & PHASE 4 EAST C2 180°00'00" 5.50' 17.28' S88°58'59"E 11.00' I ' I r Z z 1 I d VOL. 2019, PG. 63, P.R.C.C.T. C3 88°33'52" 50.00' 77.29' N44°42'03"W 69.82' Z 18 I n?' o I I W 121 p0' 1 N79°34' =E �1 p0 N I III z D E I I O -1- I I o I t 0 I ' 60 60.00.00 60.00' C4 165'16'03" 50.00' 144.22' N44°22'32"W 99.17' 68.12' ' 41 128.26' o N_' (1 N85°29'04"E C5 4°05'48" 600.00' 42.90' S02°28'01"E 42.89' 21 N I I�1w I I I ofI I�12006 5°31'56" 600.00' 57.93' S01°44'57"E 57.91' ' IIrn o 19 W 1 l 0 0' '0II INw 1 BLOCK B 8" 50.00' 78.22' S46°12'02"W 70.48' 79°42C7 89°37'5W121I� I rn1 N I It 42 Y I C8 165°01'21" 50.00' 144.01' S46°15'40"W 99.15' O I I N rn o rn VE 2 N85°29'04"E 126.97' cn I 11 0! I I w w N WN\SPK�RNORo�1 C9 5°53'58" 890.00, 91.64' S01°33'56"E 91.60' X I N 0-"3 11 CO RPgS�RpC 1 I C10 5°54'36" 1490.00' 153.69' S07°28'14"E 153.62' N I t o m o I o N 20 M 20 I N w I 00' 34,2g„E �1 00' r` 43 C11 5°54'36" 1198.00' 123.57' S07°28'14"E 123.52' I o I 1 I 1 38X-HOA ct I co NI 3xv W 121 I I - - C12 5°54'36" 250.00' 25.79' S82°31'46"W 25.78' I I I 1 1 1 1 S79� I w 1 I T - N85°29'04"E L33.1 � 01 I to I I DRAINAGE C13 90°00'00" 50.00, 78.54' N40°29'04"E 70.71' rn �1 EASE ENT I - - 35' I l0 19 I I co C14 90°00'00" 75.00' 117.81' N40°29'04"E 106.07' I 16 0l 12 o M 1 0 5Y 44 C15 11'10'58" 3810.00' 743.63' N04°50'02"W 742.45' o b o 21 IN I I 12100' N79°34'2 .00 I 25, 25, 1 11 0 o c° I I 1 1 S79°�� 12.07' 26.11' 1 C16 11'14'21" 4102.00' 804.66' N04o48'21"W 803.37' I� o I !I N85°29'04"E 139.39' I Z'o BLOCK C C17 88°48'41" 50.00' 77.50' S43°38'54"E 69.97' '- : I 1.I 13 °' co =! 18 I -' I 1 C18 165'15'20" 50.00' 144.21' S43°39'01"E 99.17' oI I I �' 5 �I r N i I� 45 1 25 C19 91°07'57" 50.00' 79.53' N46°22'48"E 71.41' z o 22 I 25 I I 120.95' N8003'46 BLOCK 0 I I 21.67' °53,54„W ° W I C20 164°53'45" 50.00' 143.90' N46°22'34"E 99.13' DRAINAGE (013.65' S79� 11.35' EASEMENT N85°29'04"E 145.58' col � 1LO 6' I CO. - I I I I 17 N I � � 1 46 14 LO U I o`w BLOCK A 23 I to E 121.00' N �I I 1 CP Sg0°�,2= 120 g�j N 3�- 1 N85°29'04"E 141.09' I cn C6 bo w I� - 16 V.A.M. I - SHEET 2 J rn, mIIII "V.A.N6 M �. S.W.M.E. I 1 MATCHLINE 24 " I �I 0 0 S.W.M.E. °UU) o (DETAIL - A) ' ,n o V.A.M. I co n I (DETAIL A) 15' B.L. - _ - - - ti MIS S.W.M.E. _ 110.10' z 15, B.L. tDETAIL - A)-\\ < 112.34 \ - - -- 136.2�1_ 45.00' AS �- ATCHLINE -SHEET 2 in " LOT LINE r 25' -, R.O.W. DETAIL - A VISIBILITY, ACCESS, MAINTENANCE EASEMENT, & SIDE WALK MAINTENANCE EASEMENT NOTES: GRAPHIC SCALE IN FEET 60 0 30 60 120 1 " = 60' @ 24X36 1. All bearings shown are based on grid north of the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.99987956421. 2. According to Community Panel No. 48085CO070J dated June 02, 2009 of the National Flood Insurance Program Map, Flood Insurance Rate Map of Collin County, Texas, Federal Emergency Management Agency, Federal Insurance Administration, this property is within Zone "X-Unshaded", which is not a special flood hazard area. If this site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. 3. All lots labeled with an X are open space lots. All open space lots are to be owned and maintained by the HOA (homeowners' association). 4. Proposed private retaining walls located on private lots to be maintained by the property owner. VICINITY MAP NOT TO SCALE PARK M co 0 373 1106 429 \ - SITE M NORTH 371 LEGEND L.R.C.C.T. LAND RECORDS COLLIN COUNTY, TEXAS O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS COLLIN COUNTY, TEXAS P.R.C.C.T. PLAT RECORDS COLLIN COUNTY, TEXAS IRF IRON ROD FOUND IRFC IRON ROD WITH CAP FOUND IRSC IRON ROD WITH "KHA" CAP SET VOL. VOLUME PG. PAGE INST. INSTRUMENT No. B.L. BUILDING LINE DE DRAINAGE EASEMENT SSE SANITARY SEWER EASEMENT UE UTILITY EASEMENT VAM VISIBILITY, ACCESS, & MAINTENANCE ESMT. MIN.FFE MINIMUM FINISHED FLOOR ELEVATION FINAL PLAT GREEN MEADOWS BLOCK A, LOTS 1-25X; BLOCK B, LOTS 1-38X; BLOCK C, LOTS 1-30; BLOCK D, LOTS 1-12; BLOCK E, LOTS 1-18; BLOCK F, LOT 1 X 120 RESIDENTIAL LOTS 8 OPEN SPACE LOTS 35.056 ACRES OUT OF THE Z.F. LISTER, A-546 CITY OF ANNA, COLLIN COUNTY, TEXAS JULY 2019 a rn 0 N W w Y m MATCHLINE - SHEET 2 ►1 --'137 72' __-- 46.50' __---_- \ 15' B.L. V.A.M. uj I _ \ YJ S.W.M.E. 0 0 1 (DETAIL - A) r `y tiLO ' f S85°29'04" 71'LO I I U \ o 0 2 NI ir I \ oV c0 F-S85°2904W 163.74' I 1 O 35' I o ti << \ 3LO CD I I M I GIN CALLED 17.304 ACRES o0 O< y \ JOSEPH LOREN STEWART CO I VOL. 805, PG. 270 _ < P 7 D.R.C.C.T. I \ yi I S85°29'04"W I 10� � a I I Io r' 2 BLOCK B 4 I Imo° I \ N ca 50 - - I ' CO\ I\ ZF `j�G 546 o S85°29'04"W 3 I 25' Pg5 101 Q0 C, 5 I C I C I I C) I o \ \ M I _ \ \ \ z N I 985°29704"W rn \ 0 6 I o I "'I II \ \ rn o S85°29'047W \ �N� �7 7 \ O I . 2O �� O \ = CD0 7 I 1 coo 0 1-23X o I Z a.N)1j \ 6� oqC�70� \ I 78579'04"W 157.08I i ui \ U \ I m 6, $ O \ C I o � o N I 1 '0 S8579'07W I 1 \ \ I I 9 Ico \ \ \ C° 2.66' \ S85°29'04'7 146.15' 'o \ \ Imo- I 120 5p RA SHEET 2 � �, , MA-TCHLINE - oino I woo 9- - I I N S81°53'04"W 152 no N o 9 co � 48 I I I I 29 m co 35' - � h II I - I W S85°29 04"W 510 35' - - W o� 292.46' S82°42'45' W w BRYSON DRIVE <, I I M °C - _ o � DRAINAGE I 49 U) 1 N � � � 111.14' � EASEMENT z `� 11, 4' ---- 2$ 15' B.L. V.A.M. I I I W V.A.M. S.W.M.E. uiI �- I ul S.W.M.E. �i (DfTAIL - A) 3 I rn S8 �3.73' O a �- 1 "' I� S83°3226 W c', (DETAIL) - A) I 1 I 50 m 10 I c Z c? M I BLODCK I EMI` ICI m M LQ _ N d- co I N 27 0 NORTHPOINTE CROSSING S83°42'29"W 121.00 II I I - - 1I 121.00' I 10 -PHASE 4 WEST &PHASE 4 EAST JT83°42'29"W �I I M U I VOL. 2019, PG. 63, P.R.C.C.T. II II S m _ N 51 I BLOCK E a v 17 N 1 co o I I S84°22'07"W 145.23' Iv I I- F� I Z co I �m 2 � I I I LO I z - - N I 26 N 121.00' I I Ic° I C° I S84°35'55"W a, I - - - 121.00' I I �I � 20.13' S84°35'55"W rn 1 - � 137.65' co i 16 11 I 1 I cli S85° 11'4 57.78' I 52 - - �- I I I 3 z I I I N � 25 N I _ S85°29'21"W 121.00'I ICI I � I - - S85°29'21"W 121.00, I I I 1 I m _ 53 I 9 I � - 15 I coI I 1 I S86°0128"W 151.08' ICI 4 1 Mcl) I� N o �, Z 50' I BLOCK B - - 1 25, I I 24 N _ 25' S86°22'47"W 121.00'I 1 I M 54 I S86°22'47"W 121.00' 11 I I - - I I c 14 coI S86°51'09"W 145.29' co- 1�1 I 5 co IMI I I 1 �1 � I 55 LL1 I S87°16'13'W 121.00, 1 1 23 i S87°16'13"W 121.00' W I I I 6 0 °' 13 I `' S87°40'49"W 140.41' 1 0 0 I 56 Y co I ��; vE Imo' I Z o I I Y (� I 22 I R WH�TPPCRN Rp1� O 1 __ I I Ill 61 I PBgSR � Ln S88°09'40"W 121.00' � S88°09'40"W 121.00' 1 U W 7 M 12 I I S88°30'30 W 136.42' I I -- M I I M z 57 0 LO I I N C° BLOCK E `O LLI 11 I F _ z -- I I I °° I`° I I 21 L-_ -- I� S89°03'06"W 121.00' S89°03'06"W 121.00 I I 1 0 - - - ca> w 58 ~ _ 1 W $ 6, ? 1 ui S89°20'11"W 133.33' o z W cfl1 I p 11 J I Ic+> D I = I W rn a m M m o ri I o _j WU �'IJ N < < Z N �`° rn� 4, 20 0 xX - - I cn __ __ co IN I S89°56'32"W 121.00' S89°56'32"W 121.00 I� I S88°1 m � I 59 W I 9 2 27 E 131.11' T I I O.y� 01 :IN 10 I I� �I U L.LI 04 < I - - I `° I S.W.M.E. 9 ZI°° V.A.M. I Lo I 19 MIN FIFE CD W x (DETAIL -A) S.W.M.E. I I I 7az.10 �� Z O 60 I 4, 15' B L (DETAIL - A) 8.1 T O I - - _ s _ _ \ S88°12'27"E 125.46' C111.01111.01 - - - p >> I G \ \ I I- MIN FIFE 10 o S88°03'14"E 192.04' _ o in N �� S01 I ID I I 18 MIN FIFE I 61 NORTHPOINTE CROSSING \ I o 745.11 L0 3,3 3 6 / 742.10 \ SAXON TRAIL PHASE 4 WEST &PHASE 4 EAST o \ C, 3.51' N �I VOL. 2019, PG. 63, P.R.C.C.T. \ 1R653 \cP3 p8 .� 18.28' GOp/�'� o I I 10 I 11 60.00' sg5 0.5 j \ ` 49-9 - 10' U E. 60.00' \ 97 N6` I BLODCK 62 I �- - - - - - - - - 3 \ \ I CO N - 20.58' /0� 2 4 „ 25' B.L. N Gj vy (V CV 3 �60 oM Mo o iv 17 \ MIN FFE LL11 WI 1 N Q `'- 745.11 M o �p 14 w w1 O I� \ \ 'i'sr6°� o 12 �1 13 �1 15 MI X M14264E 63 s 9 N °� _� BLOCK B �1 (0 16 � rn I I \ ` MIN FIFE LO Z Z Z �I `io io MIN FIFE 00 \ \ I 19X-H OA S 745.11 743.54 n743 54E n743 54FIFE Z n742 64 N � L_ - - - \ \ \ � Z I - 1/2" IRFC \ EC&D" CALLED 5.039 ACRES GREATER TEXAS UTILITY AUTHORITY INST. NO. 20060412000488200 O.P.R.C.C.T. X 23.58' 93.02' 60 00' 1 64 _ 60.00 _ 60.00' 75.09' ' - N88°03'14"W 371.70' - I _ S88°03'17E 122.81' OCATION o ,_- NE Lo D.E. & S.S.E. 19X-HOA � 0 1 / Lo 100-YR FLOODPLAIN N88'03'1 28�41- 1/2" IRF 40, \ \ \ INST glNgG \ \ L----- O 'lV EEq- - - - - - - - - - \ 7-pg0118 .�EQq NT URVE NORTHPOINTE CROSSING oo>4S1 MOOReSN0 62 DRAINAGE EASEMENT &SEWER PHASE 4 WEST & PHASE 4 EAST EASEMENT o S PCj VOL. 2019, PG. 63, P.R.C.C.T. ? \ p6SjR INST. NO. 20190124010000370 BLOCK D OPEN SPACE / LOTIX / / N LOT LINE �25' -, R.O.W. DETAIL - A VISIBILITY, ACCESS, MAINTENANCE EASEMENT, & SIDE WALK MAINTENANCE EASEMENT NOTES: GRAPHIC SCALE IN FEET 60 0 30 60 120 1 " = 60' @ 24X36 1. All bearings shown are based on grid north of the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.99987956421. 2. According to Community Panel No. 48085CO070J dated June 02, 2009 of the National Flood Insurance Program Map, Flood Insurance Rate Map of Collin County, Texas, Federal Emergency Management Agency, Federal Insurance Administration, this property is within Zone "X-Unshaded", which is not a special flood hazard area. If this site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. 3. All lots labeled with an X are open space lots. All open space lots are to be owned and maintained by the HOA (homeowners' association). 4. Proposed private retaining walls located on private lots to be maintained by the property owner. VICINITY MAP NOT TO SCALE PARK M OD 0 373 1106 429 SITE M NORTH 371 LEGEND L.R.C.C.T. LAND RECORDS COLLIN COUNTY, TEXAS O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS COLLIN COUNTY, TEXAS P.R.C.C.T. PLAT RECORDS COLLIN COUNTY, TEXAS IRF IRON ROD FOUND IRFC IRON ROD WITH CAP FOUND IRSC IRON ROD WITH "KHA" CAP SET VOL. VOLUME PG. PAGE INST. INSTRUMENT No. B.L. BUILDING LINE DE DRAINAGE EASEMENT SSE SANITARY SEWER EASEMENT UE UTILITY EASEMENT VAM VISIBILITY, ACCESS, & MAINTENANCE ESMT. MIN.FFE MINIMUM FINISHED FLOOR ELEVATION FINAL PLAT GREEN MEADOWS BLOCK A, LOTS 1-25X; BLOCK B, LOTS 1-38X; BLOCK C, LOTS 1-30; BLOCK D, LOTS 1-12; BLOCK E, LOTS 1-18; BLOCK F, LOT 1 X 120 RESIDENTIAL LOTS 8 OPEN SPACE LOTS 35.056 ACRES OUT OF THE Z.F. LISTER, A-546 CITY OF ANNA, COLLIN COUNTY, TEXAS JULY 2019 a v v rn 0 N 00 co OWNER'S CERTIFICATE OWNER'S CERTIFICATION STATE OF TEXAS § STATE OF TEXAS § NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § COUNTY OF COLLIN § WHEREAS LACKLAND CALMONT, LTD., are the sole owners of the following described tract of land: BEING a tract of land situated in the Z.F. Lister Survey, Abstract No.546, City of Anna, Collin County, Texas and all of a called 35.056-acre tract of land described in Special Warranty Deed to Lackland Calmont, Ltd., as recorded in Instrument No. 20181005001250540, Official Public Records, Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of said 35.056-acre tract, common to the northeast corner of a called 17.304-acre tract of land described in a deed to Joseph Loren Stewart, as recorded in Volume 805, Page. 270, Deed Records, Collin County, Texas, same being on the centerline of County Road No. 1106, a variable width right of way, from which a 100D nail found for witness bears South 04o3O' East, 1.9 feet; THENCE South 88°58'59" East, along the north line of said 34.813-acre tract and the centerline of said County Road No. 1106, a distance of 855.23 feet to a mag nail set for the northeast corner of said 35.056-acre tract, common to the northwest corner of a right-of-way dedication for said County Road No. 1106 shown on the plat of Northpointe Crossing, Phase 1 North, recorded in Volume 2006, Page 819, Plat Records, Collin County, Texas; THENCE South 01 °47'33" West, departing the centerline of County Road No. 1106, along the east line of said 35.056-acre tract, and along the west line of said Northpointe Crossing, Phase 1 North and the west line of Northpointe Crossing, Phase 4 West & Phase 4 East, recorded in Volume 2019, Page 63, said Plat Records, a distance of 2064.51 feet to a 1/2 inch iron rod found for the southeast corner of said 35.056-acre tract, common to an ell corner of said Northpointe Crossing (Phase 4 West); THENCE North 88°03'14" West, along the south line of said 35.056-acre tract and a north line of said Northpointe Crossing (Phase 4 West), a distance of 628.41 feet to the southwest corner of said 35.056-acre tract, common to the southeast corner of the aforementioned 17.304-acre tract, from which, a flat iron rod found for witness bears North 04°0' West, 1.1 feet; THENCE North 04°30'56" West, departing said north line of said Northpointe Crossing (Phase 4 West), along the west line of said 35.056-acre tract and the east line of said 17.304-acre tract, a distance of 2063.74 feet to the POINT OF BEGINNING and containing 35.056 acres (1,527,044 sq. ft.) of land, more or less. THAT LACKLAND CALMONT, LTD.; acting herein by and through their duly authorized officers, do hereby adopt this plat designating the hereinabove described property as GREEN MEADOWS, an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. The undersigned does covenant and agree that the access easement may be utilized by any person or the general public for ingress and egress to other real property, and for the purpose of General Public vehicular and pedestrian use and access, and for Fire Department and emergency use, in, along, upon, and across said premises, with the right and privilege at all times of the City of Anna, its agents, employees, workmen, and representatives having ingress, egress, and regress in, along, upon, and across said premises. This approved subject to all platting ordinances, rules, and regulations of the City of Anna, Texas. WITNESS, my hand at LACKLAND CALMONT, LTD. By: NAME - AUTHORIZED SIGNATORY STATE OF TEXAS COUNTY OF r�1 this the day of 20 Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office, this Notary Public in and for the State of Texas My Commission Expires: LOT TABLE LOT NO. ACRES SQ. FT. BLOCK A LOT 1 0.206 8,980 BLOCK A LOT 1X 0.232 10,119 BLOCK A LOT 2 0.180 7,837 BLOCK A LOT 3 0.180 7,837 BLOCK A LOT 4 0.180 7,837 BLOCK A LOT 5 0.180 7,837 BLOCK A LOT 6 0.175 7,622 BLOCK A LOT 7 0.340 14,795 BLOCK A LOT 8 0.293 12,760 BLOCK A LOT 9 0.168 7,327 BLOCK A LOT 10 0.166 7,249 BLOCK A LOT 11 0.165 7,200 BLOCK A LOT 12 0.165 7,200 BLOCK A LOT 13 0.165 7,200 BLOCK A LOT 14 0.165 7,200 BLOCK A LOT 15 0.166 7,214 BLOCK A LOT 16 0.168 7,334 BLOCK A LOT 17 0.174 7,597 BLOCK A LOT 18 0.178 7,734 BLOCK A LOT 19 0.176 7,657 BLOCK A LOT 20 0.179 7,805 BLOCK A LOT 21 0.188 8,177 BLOCK A LOT 22 0.196 8,550 BLOCK A LOT 23 0.198 8,605 BLOCK A LOT 24 0.230 10,016 BLOCK A LOT 25X 0.682 29,707 BLOCK B LOT 1 0.239 10,403 BLOCK B LOT 2 0.217 9,438 BLOCK B LOT 3 0.226 9,846 BLOCK B LOT 4 0.226 9,852 LOT TABLE LOT NO. ACRES SQ. FT. BLOCK B LOT 5 0.225 9,801 BLOCK B LOT 6 0.223 9,692 BLOCK B LOT 7 0.219 9,527 BLOCK B LOT 8 0.214 9,304 BLOCK B LOT 9 0.207 9,022 BLOCK B LOT 10 0.237 10,340 BLOCK B LOT 11 0.282 12,296 BLOCK B LOT 12 0.203 8,841 BLOCK B LOT 13 0.180 7,843 BLOCK B LOT 14 0.180 7,843 BLOCK B LOT 15 0.180 7,843 BLOCK B LOT 16 0.188 8,201 BLOCK B LOT 17 0.367 15,968 BLOCK B LOT 18 0.215 9,350 BLOCK B LOT 19 0.179 7,808 BLOCK B LOT 19X 1.474 64,206 BLOCK B LOT 20 0.187 8,159 BLOCK B LOT 21 0.188 8,171 BLOCK B LOT 22 0.193 8,389 BLOCK B LOT 23 0.199 8,662 BLOCK B LOT 24 0.206 8,992 BLOCK B LOT 25 0.215 9,378 BLOCK B LOT 26 0.197 8,575 BLOCK B LOT 27 0.208 9,072 BLOCK B LOT 28 0.217 9,462 BLOCK B LOT 29 0.217 9,438 BLOCK B LOT 30 0.203 8,852 BLOCK B LOT 31 0.167 7,266 BLOCK B LOT 32 0.167 7,266 BLOCK B LOT 33 0.174 7,596 day of LOT TABLE LOT NO. ACRES SQ. FT. BLOCK B LOT 34 0.218 9,516 BLOCK B LOT 35 0.170 7,399 BLOCK B LOT 36 0.206 8,980 BLOCK B LOT 37X 0.058 2,535 BLOCK B LOT 38X 2.104 91,652 BLOCK C LOT 1 0.215 9,367 BLOCK C LOT 1X 0.109 4,735 BLOCK C LOT 2 0.167 7,260 BLOCK C LOT 3 0.167 7,260 BLOCK C LOT 4 0.167 7,260 BLOCK C LOT 5 0.167 7,260 BLOCK C LOT 6 0.170 7,407 BLOCK C LOT 7 0.171 7,448 BLOCK C LOT 8 0.169 7,380 BLOCK C LOT 9 0.167 7,260 BLOCK C LOT 10 0.167 7,260 BLOCK C LOT 11 0.167 7,260 BLOCK C LOT 12 0.167 7,260 BLOCK C LOT 13 0.167 7,282 BLOCK C LOT 14 0.168 7,322 BLOCK C LOT 15 0.202 8,806 BLOCK C LOT 16 0.201 8,773 BLOCK C LOT 17 0.168 7,337 BLOCK C LOT 18 0.168 7,303 BLOCK C LOT 19 0.167 7,260 BLOCK C LOT 20 0.167 7,260 BLOCK C LOT 21 0.167 7,260 BLOCK C LOT 22 0.167 7,260 BLOCK C LOT 23 0.169 7,343 BLOCK C LOT 24 0.172 7,489 20 LOT TABLE LOT NO. ACRES SQ. FT. BLOCK C LOT 25 0.171 7,430 BLOCK C LOT 26 0.167 7,260 BLOCK C LOT 27 0.167 7,260 BLOCK C LOT 28 0.167 7,260 BLOCK C LOT 29 0.167 7,260 BLOCK C LOT 30 0.182 7,935 BLOCK D LOT 1 0.210 9,159 BLOCK D LOT 1X 0.164 7,162 BLOCK D LOT 2 0.169 7,351 BLOCK D LOT 3 0.169 7,351 BLOCK D LOT 4 0.169 7,351 BLOCK D LOT 5 0.169 7,350 BLOCK D LOT 6 0.196 8,538 BLOCK D LOT 7 0.192 8,350 BLOCK D LOT 8 0.165 7,200 BLOCK D LOT 9 0.165 7,200 BLOCK D LOT 10 0.165 7,200 BLOCK D LOT 11 0.165 7,200 BLOCK D LOT 12 0.175 7,627 BLOCK E LOT 1 0.208 9,070 BLOCK E LOT 2 0.168 7,322 BLOCK E LOT 3 0.168 7,322 BLOCK E LOT 4 0.168 7,322 BLOCK E LOT 5 0.168 7,322 BLOCK E LOT 6 0.168 7,322 BLOCK E LOT 7 0.168 7,322 BLOCK E LOT 8 0.168 7,322 BLOCK E LOT 9 0.224 9,759 BLOCK E LOT 10 0.236 10,296 BLOCK E LOT 11 0.174 7,559 LOT TABLE LOT NO. ACRES SQ. FT. BLOCK E LOT 12 0.174 7,559 BLOCK E LOT 13 0.174 7,559 BLOCK E LOT 14 0.174 7,559 BLOCK E LOT 15 0.174 7,559 BLOCK E LOT 16 0.174 7,559 BLOCK E LOT 17 0.174 7,559 BLOCK E LOT 18 0.198 8,632 BLOCK F LOT 1X 0.034 1,464 ROW DEDICATION 7.551 328,918 KNOW ALL MEN BY THESE PRESENTS That I, Sylviana Gunawan, do hereby certify that I prepared this plat and the field notes made a part thereof from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my supervision. Sylviana Gunawan Registered Professional Land Surveyor Texas Registration No. 6461 Kimley-Horn and Associates, Inc. 6160 Warren Parkway, Suite 210 Frisco, TX 75034 (972) 335-3580 sylviana.gunawan@kimley-horn.com STATE OF TEXAS § COUNTY OF § 1-1� PRELIMINARY THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEYDOCUMENT Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Michael B. Marx, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office, this Notary Public in and for the State of Texas My Commission Expires: day of 120 Approved this day of 2019, by the City Council of the City of Anna, Texas. Mayor City Secretary FINAL PLAT GREEN MEADOWS BLOCK A, LOTS 1-25X; BLOCK B, LOTS 1-38X; BLOCK C, LOTS 1-30; BLOCK D, LOTS 1-12; BLOCK E, LOTS 1-18; BLOCK F, LOT 1X 120 RESIDENTIAL LOTS 8 OPEN SPACE LOTS 35.056 ACRES OUT OF THE Z.F. LISTER, A-546 CITY OF ANNA, COLLIN COUNTY, TEXAS JULY 2019 a v v rn 0 N co N co 373 COUNTY - 371 T A 9A M i THE CITY OF Anna AGENDA ITEM: Item No. 5.g. City Council Agenda Staff Report Meeting Date: 9/10/2019 Approve a Resolution approving the Clifford Gomes Homeplace Development Plat. (Ashley Stathatos) SUMMARY: The development plat for your review is located within Anna's extra territorial jurisdiction and is specifically located at 11143 County Road 505. The tract is in the Thomas Mcclanahan Survey, Abstract No. 560 and contains 2.5 acres of land. The owner is proposing to put a new home and metal building on the property. The submittal meets the City of Anna development plat requirements. STAFF RECOMMENDATION: Approval of a resolution approving the Clifford Gomes Homeplace Development Plat. ATTACHMENTS: Description Resolution Development Plat Location Map Upload Date Type 9/5/2019 Resolution 9/5/2019 Exhibit 9/5/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE CLIFFORD GOMES HOMEPLACE DEVELOPMENT PLAT WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Clifford Gomes has submitted an application for approval of the Clifford Gomes Homeplace development plat; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Development Plat. The City Council hereby approves the Clifford Gomes Homeplace development plat attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this loth day of September 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike PROPERTY DESCRIPTION SITE 40' 20' 0 40' 80, SCALE: 1 " = 40' VICINITY MAP NOT TO SCALE LEGEND D.R.C.C.T. = DEED RECORDS, COLLIN COUNTY, TEXAS O.P.R.C.C.T. = OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS M.R.C.C.T. = MAP RECORDS, COLLIN COUNTY, TEXAS INST. NO. = INSTRUMENT NUMBER VOL., PG. = VOLUME, PAGE CM = CONTROLLING MONUMENT R.O.W. = RIGHT—OF—WAY IRF = IRON ROD FOUND YC = YELLOW CAP "5633" = YELLOW CAP STAMPED "RPLS 5633" ASPHALT PAVING GRAVEL/ROCK ROAD OR DRIVE x—x— BARBED WIRE COVERED PORCH,DECK OR CARPORT FLOOD NOTE According to my interpretations of the Collin County, Texas and Incorporated Areas, Flood Insurance Rate Map Number 48085CO180J, dated June 02, 2009, the subject property lies within flood Zone "X" and is not shown to be within a Special Flood Hazard Area. This statement does not imply that the property and/or structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man—made or natural causes. This statement shall not create liability on the part of the surveyor. NOTES 1. Directional Control shown hereon is based on deed recorded under Instrument No. 97-0037841, Official Public Records, Collin County, Texas. 2. The following items are from Schedule B, Commitment for Title Insurance, Stewart Title Guaranty Company, GF No. 1881828—ALMK, issued June 15, 2018. 1. This property is subject to the following restrictive covenants: 10e. Easement executed by Glen E. Terrell and Nell M. Terrell to Grayson Collin Electric Cooperative, Inc., dated April 20, 1987, filed June 8, 1989, recorded in/under Volume 3068, Page 896, Real Property Records, Collin County, Texas. (Subject to. Blanket Type Easement.) 10f. Easement executed by Leslie T. Holland to Westminster Water Supply Corporation, dated April 25, 1997, filed August 5, 1997, recorded in/under Volume 3969, Page 3173, Real Property Records, Collin County, Texas; Assigned to Westminster Special Utility District by instrument recorded under Clerk's File No. 20111220001372910 Real Property Records, Collin County, Texas. (Subject to. Blanket Type Easement.) 10g.Easement executed by Nell M. Terrell to Westminster Water Supply Corporation, dated May 14, 1997, filed August 5, 1997, recorded in/under Volume 3969, Page 3143, Real Property Records, Collin County, Texas; Assigned to Westminster Special Utility District by instrument recorded under Clerk's File No. 20111220001372910 Real Property Records, Collin County, Texas. (Subject to. Blanket Type Easement.) COUNTY ROAD 60' R.O.W. (TRACT 1) ROBERT L. O'NEILL, SR. NORMA JEAN O'NEILL ROBERT L. O'NEILL, JR. TRESEA L. O'NEILL VOL. 5947, PG. 1847 D.R.K.C.T. 6' CM MAG NAIL FOUND 1/2" IRF yr 00 LO 3 N Z a In w mio 0 � 0 N O a O m Z CM 1/2" IRF YC n Ki m LOT 1, BLOCK 1 NORTH VIEW ACRES VOL. P, PG. 773 M.R.C.C.T. 507.75' 30' ROAD — DEDICATION — VOL. P. PG. 773 M.R.C.C.T. 30' ROAD — —EASEMENT MICHAEL LYNN LAIER DAWN JOLYNN LATER INST. NO. 20180507000554780 O.P.R.K.C.T. °Hp N 89'24'48" E 237.64' a� TEMP ELECTRIC METTER o N N J 0 N O to Qf a. m 35.1 ' 83.5' Q 8.6' 2.3%.: VO'N PROPOSEDSEPTIC HOUSE TANK LIDS SURVEYED 108,902 SQ. FT. 2.50 ACRES CLIFFORD J. GOMES AND PATRICIA ANN GOMES INST. NO. 20180629000813390 O.P.R.K.C.T. 131.0' 30' ROAD EASEMENT 30' R.O.W.- RESERVATION S 89°27' 13" W 237.64' 30' ROADWAY (TRACT 2) EASEMENT ROBERT L. O'NEILL, SR. NORMA JEAN O'NEILL ROBERT L. O'NEILL, JR. TRESEA L. O'NEILL VOL. 5947, PG. 1847 D.R.K.C.T. to 0 Ln CM 1/2" IRF "5633" o�c 30' ROAD — DEDICATION VOL. P. PG. 773 M.R.C.C.T. MAG NAIL FOUND h M Ni m dr o� 17.00' ww �w I I I I 0p Z Z I 4r- D M N�D NAIL ND 323.09' 30' ROAD — DEDICATION VOL. 2007. PG. 79 M.R.C.C.T. 326.07' U LOT 1 a) Z O Y � , V) W CL }-- p LLJ Of X V VOC? I—Lv0X � I— o _; V p > v� 0 to LOT 2 187.52' LOT 14 COURTYARDS ON THE CREEK VOL. 2007, PG. 79 P.R.C.C.T. MARK INGERSOLL VOL. 5704, PG. 3328 D.R.C.C.T. COUNTY ROAD 505 60' R.O.W. 30' ROAD EASEMENT EDDIE W. WOOD HEATHER A. WOOD VOL. 5704, PG. 3328 D.R.C.C.T. Being all that certain lot, tract or parcel of land situated in Collin County, Texas, being a 2.5 acre tract located in the THOMAS McCLANAHAN SURVEY, ABSTRACT No. 560, being all of that tract of land conveyed to Clifford J. Games and Patricia Ann Gomes, by General Warranty Deed recorded in Instrument No. 20180629000813390, Official Public Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a Mag Nail found for corner at the Northeast corner of said 2.5 acre tract, said corner being in the center line of County Road No. 505 and being the Southeast corner of a 1.000 acre tract of land described as Tract 1 in a deed to Leslie Lee Terrell Holland, as recorded in the Land Records of Collin County under Clerk's File No. 97-0037841 ; THENCE South 00° 16' 00" East along the centerline of said County Road No. 505, a distance of 458.35 feet to a Mag Nail found for a corner at the southeast corner thereof; THENCE South 89° 27' 13" West, passing at 17.00 feet, a 1/2" iron rod with plastic yellow cap stamped "RPLS 5633" for reference, in all a distance of 237.64 feet to a 1/2" iron rod found with plastic yellow cap for corner at the Southwest corner thereof; THENCE North 00" 1 6' 00" West, a distance of 458.19 to a 1/2" iron rod found at the northwest corner thereof; THENCE North 89° 24' 48" East, passing at 220.64 feet, a 1/2" iron rod with plastic yellow cap stamped "RPLS 5633" for reference, in all a distance of 237.64 feet to the POINT OF BEGINNING and containing 2.5 acre (108,902 square feet) of land. SURVEYOR'S STATEMENT: The undersigned Registered Professional Land Surveyor (Todd Fincher) hereby certifies to Clifford J. Gomes and Patricia Ann Gomes, that, (a) this survey and the property description set forth hereon were prepared from an actual on —the —ground survey; (b) such survey was conducted by the Surveyor, or under his direction; (c) all monuments shown hereon actually existed on the date of the survey, and the location, size and type of material thereof are correctly shown; Use of this survey by any other parties and/or for other purposes shall be at User's own risk and any loss resulting from other use shall not be the responsibility of the undersigned. The plat hereon is a correct and accurate representation of the property lines and dimensions are as indicated; location and type of buildings are as shown; and EXCEPT AS SHOWN, all improvements are located within the boundaries the distances indicated and there are no visible and apparent encroachments or protrusions on the ground. Execute '� _ do o 0 U �.�►ST2019 ��1f'I�C"V • ..F.TF A��O\STEgF� Todd : Fincher `o:`Q ...................... Registered Professional Land Surveyor No. 5633 ..YOpO FINCHEF;..... ................. . ....o ..•5633 � • •'90FESS�O�� • O 9tio sua�``� DEVELOPMENT PLAT OF CLIFFORD GOMES HOMEPLACE LOCATED AT 11143 COUNTY ROAD 505 ANNA, TEXAS 75409 THOMAS MCCLANAHAN SURVEY, ABSTRACT NO. 560 CITY OF ANNA, COLLIN COUNTY, TEXAS PLAAWLNrG & SURVL1WG Main Offee 12o25 Shiloh Road, Ste. 23o '" CBG Dallas, 7X75228 P214.349 9435 SURVEYING TEXAS LLCm F214.349 2216 OFW -Houston -East Texas -Austin - San AntonioFirm No. 1o168800 Call '� Before You Dig www cbgincty com SCALE: 1 "=40' / DATE: 08-05-19 / JOB NO. 1914741 / DRAWN BY: WTH SITE i tilk THE CITY OF Anna AGENDA ITEM: Item No. 5.h. City Council Agenda Staff Report Meeting Date: 9/10/2019 Approve a Resolution approving the Pennington Addition Development Plat. (Ashley Stathatos) SUMMARY: The development plat for your review is located within Anna's extra territorial jurisdiction and is specifically located at 10285 County Road 505. The tract is in the W. J. Anglin Survey, Abstract No. 25 and contains 21.996 acres of land. The owner is proposing to put an additional home, barn, and shed on the property. The submittal meets the City of Anna development plat requirements. STAFF RECOMMENDATION: Approval of a resolution approving the Pennington Addition Development Plat. ATTACHMENTS: Description Resolution Development Plat Location Map Upload Date Type 9/5/2019 Resolution 9/5/2019 Exhibit 9/5/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE PENNINGTON ADDITION DEVELOPMENT PLAT WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Randy Pennington has submitted an application for approval of the Pennington Addition development plat; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Development Plat. The City Council hereby approves the Pennington Addition development plat attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this loth day of September 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike RICK FOSTER VOLUME 2771 PAGE 339 CCDR TIGHE ANDERSON 9. '5740 KING I IPF 'S T CORNER 4CRE TRACT TURNER SMITH, S FILE NO. !07000330900 N 00006'49' W _._,MA,- NAIL SET "INITY MAP ND SCALE IRON PIN SET IRON PIN FOUND COLLIN COUNTY DEED RECORDS 60 0 60 120 Scale: 1" = 60' GEER SURVEYING & ENGINEERING REGISTRATION # 10082100 JI I k-j Il L.V III 1-I.M111 l I-/UIILy, lcnuo, III UIG VV. V. / 11,J. 111 l oul Vl3y, 'jwou 11'J. L�J, VG11 Il� u survey of the 21.9994 acre tract described in a correction deed from Robert H. Turner to Randy Pennington, dated June 15, 1999, recorded as clerk's file no. 20061108001598350 of the Collin County deed records, being described by metes and bounds as follows: BEGINNING at a 3/8—inch iron pin found at the northeast corner of said 21.9996 acre tract, at the extension of County Road 505 from the south; THENCE South 00° 13'00" West, with the east line of said 21.9996 acre tract and coming to said road at 220 feet and continuing with said road, in all, 580.60 feet to a mag nail set at the southeast corner of said 21.9996 acre tract; THENCE South 89°59'29" West, with the south line of said 21.9996 acre tract, 1562.82 feet to a 3/8—inch iron pin found at the southwest corner of said 21.9996 acre tract; THENCE northerly with the west line of said 21.9996 acre tract as follows: North 00°06'49" West, 28.00 feet to a 60D nail set; North 00°38'24" West, 614.25 feet to a 1/2—inch iron pin set at the northwest corner of said 21.9996 acre tract; THENCE South 87°45'50" East, with the north line of said 21.9996 acre tract, 1573.13 feet to the PLACE OF BEGINNING and containing 21.996 acres. Office work completed on August 22, 2019 G. M. Geer, Registered Professional Land Surveyor, No. 3258 1101 W. University Drive McKinney, Texas 75069 972-562-3959 972-542-5751 fax According to FEMA map no. 48085C0180J, dated land is not in the 100 year flood plain. the above described tract of 0 ES S � � SUR , RANDY PENNINGTON 10285 ROAD 505 ANNA, TEXAS 75409-8841 G.M. GEER, R.P.L.S. NO. 3258 1101 W. UNIVERSITY DRIVE MCKINNEY, TEXAS 75069 PHONE 972-562-3959 FAX 972-542-5751 DEVELOPMENT PLAT '\vt,;i mw 21.996 ACRES OF LAND LOCATED IN THE W. J. ANGLIN SURVEY, ABSTRACT NO. 25 COLLIN COUNTY, TEXAS ET AL SHEET 1 OF 1 COLLIN COUNTY OUTER LOOP THE CITY OF Anna AGENDA ITEM: Item No. 5.i. City Council Agenda Staff Report Meeting Date: 9/10/2019 Approve a Resolution authorizing a Special Event Permit to the Anna Area Historical Preservation Society for a Train Depot Dedication event. (Ashley Stathatos) SUMMARY: The Anna Area Historical Preservation Society would like to hold a dedication event for the train depot on September 21, 2019 from 10 am to 2 pm at Sherley Heritage Park. The event will feature: guest speakers, live music, historic locomotive horns, historic Anna diorama, operation lifesaver (rail safety education), model trains display and a BIG trains display. Following the dedication ceremony, there will be a trackless train for kids. This item is unrelated to the Playground Dedication and Grand Opening by the Parks Department which will be planned for a different date. STAFF RECOMMENDATION: Approve Resolution authorizing a Special Event Permit to the Anna Area Historical Preservation Society for a Train Depot Dedication event. ATTACHMENTS: Description Resolution Train Depot Event Application Anna Train Depot Flyer Upload Date Type 9/6/2019 Resolution 9/5/2019 Staff Report 9/5/2019 Staff Report CITY OF ANNA RESOLUTION NO. RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT TO ANNA AREA HISTORICAL PRESERVATION SOCIETY FOR THE TRAIN DEPOT DEDICATION AT SHERLEY HERITAGE PARK. WHEREAS, Anna Area Historical Society has submitted a Special Event Permit application for the Train Depot Dedication at Sherley Heritage Park; 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 the Anna Area Historical Society 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 Anna Area Historical Society for the Train Depot Dedication at Sherley Heritage Park. PASSED by the City Council of the City of Anna, Texas, on this 10th, day of September 2019. /_1 aZOIT/ 4 Mayor Nate Pike ATTEST: City Secretary Carrie Smith SPECIAL EVENT PERMIT APPLICATION Planning and Development Dept. 3223 N. Powell Pkwy Anna, TX 75409 972-924-2616 Type of Event: ❑Carnival INFORMATIONAPPLICANT ❑Circus Westival ❑Parade ❑Tent ❑Other Applicant Name: Anna Area Historical Preservation Society (AAHPS) Address: 1o1 S. Sherley R , (), City: Anna State: Tx Zip Code: 75409 Phone#: 469-992-63e6 Email: aahpsdepot@gmail.com Date: July 25, 2019 *Note: Applications must be filed at least 30 da sin advance. APPLICATION1 DEPOSIT REFUND 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: 101 S. Sherley Rc City: Anna State: Tx Zip Code 75409 ACTIVITY INFORMATION Date S of Activity: September 21, 2019 Reservation Time Block: 8 am to 5 pm (set up 8, event will start at 10, clean up before 5) Type of Activity (explain purpose of activity): Depot Dedication Estimated Number of People Attending Activity: too+ Reservation Location: Sherley Heritage Park Will Food and/or Beverages be on -site for the activity? W Yes ❑ No Will Alcohol be served or sold? ❑ Yes N No if yes, include request letter If yes, please indicate who the vendors are (food and drinks): gombero Dogs, Princeton Tx Local restaurants (and possibly others) Please identify all other activities & structures (bounce house, tents, music, sports, games, etc.): Mayor and special guest speakers, music, trackless -train ride, fun activities for kids of all ages *If City Resources (Personnel, equipment and supplies) are used, the cost of Resources will be covered by the event sponsor. 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, v Article 47 and have read the provisions contained therein and agree to abide by them. 5 Applicant Name: Eiden Baker rn in Signature: Date: July 25, 2019 Submittal Requirements: d 1. Completed application with signatures and contact information. d 2. Submit application fee ($50) and deposit ($300). (Ord. No. 410-2008; Checks payable to the City of Anna) c w 3. Map of Event area. 4. List of food and beverage vendors and/or copy of current license from vendor. E 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 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. �-[ ION , e o- EPOT ee �Q °F'CoREp -w ek) — I� A FuNl E�EN.r FOR EVERYONE viel SATU RDAY SEPT. 21 2019 10AM - 2PM SHERLEY HERITAGE PARK 101 SOUTH SHERLEY STREET a)EDICATION CEREMONY `VENTS AND `ENTERTAINMENT FREE RIDES FOR KIDS FOLLOWING THE DEDICATION CEREMONY ON THE TRACKLESS QH00-('H00 `�XPRESS FOOD FOR PURCHASE BY: (CASH OR CARD) CROSS MY cHEART & 41OPE FOR `[CIE LVERYTHING ICE CREAM DEDICATION CEREMONY FOR THE HISTORICAL MARKER WITH HONORED GUEST SPEAKERS FROM CITY OF ANNA AND COLLIN COUNTY LIVE MUSIC BY: TAMMY JfORTHAM THE ANNA DEPOT WILL BE OPEN FOR TOURS HISTORIC LOCOMOTIVE HORNS DISPLAY AND DEMONSTRATION BY KEN FITZGERALD HISTORIC ANNA DIORAMA CREATED BY BERT WETHERILL OPERATION LIVESAVER RAIL SAFTEY EDUCATION NORTH TEXAS T-TRAK PRESENTS THEIR N-SCALE MODEL TRAINS DISPLAY SMOKEN a %BQ AND CATERING CO. NORTH CENTRAL TEXAS ALL SCALE PRESENTS THEIR GARDEN RAILWAY (BIG TRAINS) DISPLAY DEPOT SOUVENIRS -CASH ONLY AND OTHER FUN STUFF! KEEP HYDRATED WITH FREE BOTTLED WATER THE CITY OF Anna AGENDA ITEM: Item No. 6. City Council Agenda Staff Report Meeting Date: 9/10/2019 Consider/Discuss/Act on a Resolution authorizing the City Manager to fund the early site work required for the construction of the new Municipal Complex for the City of Anna located at the southeast corner of Powell Parkway and 5th Street in the City of Anna, Texas. (Public Works Director Greg Peters) I•Y�J►GIJ�Ie1:�'il In March of 2019 the City executed an agreement with Lee Lewis Construction, Inc. to be the Construction Manager for the Anna Municipal Complex with a basis of payment defined as cost of the work plus a fee, with a guaranteed maximum price (GMP). The agreement is a standard form AIA contract (A133-2009) which identified the roles and responsibilities of the Owner (City) and the Construction Manager (Lee Lewis Construction, Inc.) Exhibit A of the contract is a supplemental section which identifies specific work to be done. Staff has worked with the architect, civil engineer, and Lee Lewis to identify the scope of the early site work package to be included in Exhibit A. All work identified in Exhibit A is considered a part of the Guaranteed Maximum Price for the project, and is simply the first phase of the work. Releasing the early site work for construction now allows construction to commence now, while the details of the final Guaranteed Maximum Price are being finalized. This will result in the project being completed sooner due to the grading and excavation activities being done before the end of the calendar year. The Early Site Work pricing and scope is within the original project budget and will not negatively impact the GMP. Staff expects to return to the City Council with the final GMP in October for review and approval. STAFF RECOMMENDATION: Staff recommends approval of a resolution of the City of Anna, Texas approving and authorizing the City Manager to fund early site work construction phase services, as identified in Exhibit A of the executed AIA A133-2009 Contract by and between the City of Anna, Texas and Lee Lewis Construction, Incorporated, for the Municipal Complex for the City of Anna in an amount not to exceed one million nine hundred eleven thousand one hundred ninety three dollars and zero cents ($1,911,193.00), as shown in Exhibit " 1 " attached hereto, and providing for an effective date. ATTACHMENTS: Description Resolution Contract Exhibit A Early Site Package Upload Date Type 9/6/2019 Resolution 9/6/2019 Backup Material 9/6/2019 Exhibit 9/6/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO FUND EARLY SITE WORK CONSTRUCTION PHASE SERVICES, AS IDENTIFIED IN EXHIBIT A OF THE EXECUTED AIA A133-2009 CONTRACT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND LEE LEWIS CONSTRUCTION, INCORPORATED, FOR THE MUNICIPAL COMPLEX FOR THE CITY OF ANNA IN AN AMOUNT NOT TO EXCEED ONE MILLION NINE HUNDRED ELEVEN THOUSAND ONE HUNDRED NINETY THREE DOLLARS AND ZERO CENTS ($1,911,193.00), AS SHOWN IN EXHIBIT "1" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Anna contracted with Lee Lewis Construction, Incorporated to be the Construction Manager for the Municipal Complex for the City of Anna; and, WHEREAS, the Construction Manager has completed a bid process and sub -contractor selection for the early site work required for the project; and, WHEREAS, the Early Site Work Construction phase budget is included as a component of the overall Guaranteed Maximum Price (GMP) for the project; and, WHEREAS, Municipal Complex Bond Funds shall be used to fund the total not to exceed amount of $1,911,193.00. 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 Early Sitework Construction Phase Services as shown in Exhibit A of the executed AIA A133-2009 Contract, as shown in Exhibit 1" attached hereto. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 10t" day of September 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike #AIA Document A133TN - 2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AGREEMENT made as of the 26th day of February in the year 2019 (In words, indicate dtps month and year.) BETWEEN the Owner: (Name, legal status and address) City of Anna 11 I N. Powell Pkwy. P.O. Box 776 Anna, TX 75409-0776 and the Construction Manager: (Natne, legal stales and address) Lee Lewis Construction, Inc. 17177 Preston Rd., Ste. 160 Dallas, TX 75248 for the following Project: (Name and address or location) A new Municipal Complex for the City of Anna to include a City Administration/Municipal Court/Police Facility Building and a separate freestanding Central Fire Station/Fire Administration Building including without limitation associated paving, parking facilities, utilities and other site improvements NE Corner 711 Street & N. Powell Pkwy. Anna, TX The Architect: (Manse, legal status and address) Randall Scott Architects 2140 Lake Park Blvd., #300 Richardson, TX 75080 The Owner's Designated Representative: (Name, address and other information) Carrie Smith City Secretary I I I N. Powell Pkwy. P.O. Box 776 Anna, TX 75409-0776 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 W-2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A133r--2009 (formerly A121 T.CMc — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA- ,( Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 17:16:31 ET on 03/05/2019 under Order No.3780910300 which expires on 04/25/2019, and is not for resale. User Notes: (2052681049) The Construction Manager's Designated Representative: (Name, address and other information) Bob Fullington Lee Lewis Construction, Inc. 17177 Preston Rd., Ste. 160 Dallas, TX 75248 The Architect's Designated Representative: (Name, address and other information) Randall Scott 2140 Lake Park Blvd., #300 Richardson, TX 75080 The Owner and Construction Manager agree as follows. AIA Document A13V-- 2009 (formerly A121 T.CMc — 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA® Document is protected by U.S. Copyright Law and InternatlonaI Treaties. Unauthorized reproduction or distribution of this AIA- 2 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 17:16:31 ET an 03/05/2019 under Order No.3780910300 which expires on 04/25/2019, and is not for resale. User Notes: (2052681049) TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 OWNER'S RESPONSIBILITIES 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 6 COST OF THE WORK FOR CONSTRUCTION PHASE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 8 INSURANCE AND BONDS 9 DISPUTE RESOLUTION 10 TERMINATION OR SUSPENSION 11 MISCELLANEOUS PROVISIONS 12 SCOPE OF THE AGREEMENT EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT ARTICLE 1 GENERAL PROVISIONS § 1.1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions, including without limitation AIA Document A201T"L2007 as referenced below), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, documents enumerated in Section 12.2, other documents listed in this Agreement, and Modifications (defined in Section 1.1.1 of A201-2007) issued after execution of this Agreement, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. All references to AIA Document A201T"L2007, General Conditions of the Contract for Construction and references to any sections of AIA Document A201-2007 are intended to solely include said general conditions as revised by agreement of the Owner and Construction Manager. Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in Section 2.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 2.2.8. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. The term "the Work" is used in this Agreement to describe the labor, materials, and other goods/services necessary to perform the Construction Manager's obligations under the Contract Documents. § 1.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's skill and judgment in furthering the interests of the Owner; to furnish efficient construction administration, management services and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. Construction Manager is an independent Init. AIA Document A133TM — 2009 (formerly A121 TMCMC — 2003). Copyright 0 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 3 Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 17:16:31 ET an 03/05/2019 under Order No.3780910300 which expires on 04/25/2019, and is not for resale. User Notes: (2052681049) contractor with respect to Owner, and the execution of this Agreement does not create any joint venture or partnership between them. Contractor shall not be entitled to any benefits of employment with Owner. § 1.3 General Conditions For the Preconstruction Phase, AIA Document A201TM-2007, General Conditions of the Contract for Construction, shall apply only as specifically provided in this Agreement. For the Construction Phase, the general conditions of the contract shall be as set forth in A201-2007, which document is incorporated herein by reference. The term "Contractor" as used in A201-2007 shall mean the Construction Manager. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 2.1 and 2.2. The Construction Manager's Construction Phase responsibilities are set forth in Section 2.3. The Owner and Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.1 Preconstruction Phase § 2.1 A The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. § 2.1.2 Consultation The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall advise the Owner and the Architect on proposed site use and improvements, selection of materials, and building systems and equipment. The Construction Manager shall also provide recommendations consistent with the Project requirements to the Owner and Architect on constructability; availability of materials and labor; time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life -cycle data, and possible cost reductions. § 2.1.3 When Project requirements in Section 3.1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services, other consultants' services, and the Owner's responsibilities and identify items that could affect the Project's timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Owner. § 2.1.4 Phased Construction The Construction Manager shall provide recommendations with regard to accelerated or fast -track scheduling, procurement, or phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities, and procurement and construction scheduling issues § 2.1.5 Preliminary Cost Estimates § 2.1.5.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Architect's review and Owner's approval. If the Architect or Construction Manager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 2.1.5.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, estimates of the Cost of the Work of increasing detail and refinement and allowing for the further development of the design until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Architect's review and the AIA Document A1331-- 2009 (formerly A121 T"CMc — 2003). Copyright ® 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA- Document Is protected by U.S. Copyright Law and IntematlonaI Treaties. Unauthorized reproduction or distribution of this AIAs 4 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 17:16:31 ET on 03/05/2019 under Order No. 3780910300 which expires on 04/25/2019, and is not for resale. User Notes: (2062681049) Owner's approval. The Construction Manager shall inform the Owner and Architect when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective action. § 2.1.6 Subcontractors and Suppliers The Construction Manager shall develop bidders' interest in the Project by providing bidding documents to Dodge Reports and any vendors requested by the City of Anna. § 2.1.7 The Construction Manager shall prepare, for the Architect's review and the Owner's acceptance, a procurement schedule for items that must be ordered well in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the establishment of the Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them. § 2.1.8 Extent of Responsibility The Construction Manager shall exercise reasonable care in preparing schedules and estimates. The Construction Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. § 2.1.9 Notices and Compliance with Laws The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity programs, disability and related access and facilities requirements, and other programs as may be required by governmental and quasi governmental authorities for inclusion in the Contract Documents. § 2.2 Guaranteed Maximum Price Proposal and Contract Time § 2.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager and in consultation with the Architect, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's review and acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager's estimate of the Cost of the Work, including contingencies described in Section 2.2.4, and the Construction Manager's Fee. § 2.2.2 To the extent that the Drawings and Specifications are anticipated to require further development by the Architect, the Construction Manager shall provide in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom. Such father development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. § 2.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following: .1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 2.2.2, to supplement the information provided by the Owner and contained in the Drawings and Specifications; .3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, allowances, contingency, and the Construction Manager's Fee; .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; and .5 A date by which the Owner must accept the Guaranteed Maximum Price. AIA Document A133ie — 2009 (formerly A121 ieCMc — 2003). Copyright ® 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 5 Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. I This document was produced by AIA software at 17:16:31 ET on 03/05/2019 under Order No.3780910300 which expires on 04/25/2019, and is not for resale. User Notes: (2052681049) § 2.2.4 In preparing the Construction Manager's Guaranteed Maximum Price proposal, the Construction Manager shall include its contingency for the Construction Manager's exclusive use to cover those costs considered reimbursable as the Cost of the Work but not included in a Change Order. § 2.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal. In the event that the Owner and Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 2.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager. Following acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. § 2.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the commencement of the Construction Phase, unless the Owner provides prior written authorization for such costs. § 2.2.8 The Owner shall authorize the Architect to provide the revisions to the Drawings and Specifications to incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish those revised Drawings and Specifications to the Construction Manager as they are revised. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the Guaranteed Maximum Price Amendment and the revised Drawings and Specifications. § 2.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and similar taxes, if any, for the Work provided by the Construction Manager that are legally enacted, whether or not yet effective, at the time the Guaranteed Maximum Price Amendment is executed. § 2.3 Construction Phase § 2.3.1 General § 2.3.1.1 For purposes of Section 8.1.2 of A201-2007, the date of commencement of the Work shall mean the date of commencement of the Construction Phase. § 2.3.1.2 The Construction Phase shall commence upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal and the Owner's issuance of a Notice to Proceed. § 2.3.2 Administration § 2.3.2.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under Subcontracts or by other appropriate agreements with the Construction Manager ("Subcontracts"). The Owner may designate specific persons from whom, or entities front which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect. The Construction Manager shall then determine, with the advice of the Owner and the Architect, which bids will be accepted. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. The Construction Manager has a duty to Owner to ensure the good and workmanlike performance of all portions of the Work to be performed by its subcontractors, and is agreed to be the entity solely responsible for the hiring and supervision of all subcontractors. § 2.3.2.2 If the Guaranteed Maximum Price has been established and when a specific bidder (1) is recommended to the Owner by the Construction Manager, (2) is qualified to perform that portion of the Work, and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount and time requirement of the Subcontract or other agreement actually signed with the person or entity designated by the Owner. AIA Document A133*" — 2009 (formerly A121TeCMc — 2003). Copyright® 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA- Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° s Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 17:16:31 ET on 03/05/2019 under Order No.3780910300 which expires on 04125/2019, and is not for resale. User Notes: (2052681049) § 2.3.2.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If the Subcontract is awarded on a cost plus fee basis, the Construction Manager shall provide in the Subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Section 6.11 below. § 2.3.2.4 If the Construction Manager recommends a specific bidder that may be considered a "related party" according to Section 6.10, then the Construction Manager shall promptly notify the Owner in writing of such relationship and notify the Owner of the specific nature of the contemplated transaction, according to Section 6.10.2. § 2.3.2.5 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly distribute detailed minutes of said meetings to the Owner and Architect. Any deviation in the Work from the approved Project plans which is not memorialized by a Change Order and recorded in said minutes is deemed and agreed to be the sole responsibility of Construction Manager. § 2.3.2.6 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and submittal schedule in accordance with Section 3.10 of A201-2007. § 2.3.2.7 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information required by the Owner. The Construction Manager shall also keep, and make available to the Owner and Architect, a daily log containing a record for each day of weather, portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might affect progress of the work, accidents, injuries, and other information required by the Owner. § 2.3.2.8 The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect and shall provide this information in its monthly reports to the Owner and Architect, in accordance with Section 2.3.2.7 above. § 2.4 Professional Services Section 3.12.10 of A201-2007 shall apply to both the Preconstruction and Construction Phases. § 2.5 Hazardous Materials Section 10.3 of A201-2007 shall apply to both the Preconstruction and Construction Phases. ARTICLE 3 OWNER'S RESPONSIBILITIES § 3.1 Information and Services Required of the Owner § 3.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, constraints, and criteria, including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems, sustainability and site requirements. § 3.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements%to fulfill the Owner's obligations under the Contract. Thereafter, the Construction Manager may only request such evidence if (1) the Owner fails to make payments to the Construction Manager as the Contract Documents require, (2) a change in the Work materially changes the Contract Sum, or (3) the Construction Manager identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Construction Manager and Architect. AIA Document A13V-- 2009 (formerly A121 T"CMc— 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: ThIa AIA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 7 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. 1 This document was produced by AIA software at 17:16:31 ET on 03/05/2019 under Order No.3780910300 which expires on 0412512019, and is not for resale. User Notes: (2052601049) § 3.1.3 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1.1, (2) the Owner's other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project's scope and quality. § 3.1.4 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the Owner shall furnish the following information or services with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 3.1.4.1 The Owner shall furnish tests, inspections and reports required by law and as otherwise expressly agreed to by the parties. § 3.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 3.1.4.3 The Owner, when such services are requested, shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 3.1.4.4 During the Construction Phase, the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services, to the extent permissible under state law. Construction Manager agrees that no request for information made pursuant to this paragraph should be considered a request for public information for purposes of the Texas Public Information Act unless expressly marked as such by Construction Manager. § 3.2 Owner's Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner's representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section the Contract Documents, the Architect does not have such authority. For purposes of notice provisions in the Contract Documents, the term "Owner" means the Owner or the Owner's designated representative. § 3.2.1 Legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 3.3 Architect The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B IOIT"t-2017, Standard Form of Agreement Between Owner and Architect (as may be revised or amended by Owner and Architect). Upon request by Construction Manager, Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and the Architect, and any further modifications to the agreement. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 4.1 Compensation § 4.1.1 For the Construction Manager's Preconstruction Phase services, the Owner shall compensate the Construction Manager as follows: AIA Document A133T"— 2009 (formerly A121 ieCMc — 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA- Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA- 8 Document, or any portion of it, may result in severe civil and criminal penaltles, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 17:16:31 ET on 03/05/2019 under Order No.3780910300 which expires on 0412512019, and is not for resale. User Notes: (2052681049) § 4.1.2 For the Construction Manager's Preconstruction Phase services described in Sections 2.1 and 2.2: (Insert amount of, or basis far, compensation and include a list of reimbursable cost items, as applicable.) Preconstruction fee to include personnel expenses, project estimates, preliminary project schedules, value engineering, constructability reviews, pre -planning, overhead and profit, and other services through the pre -construction phase of this project. Total Fixed -Sum Not -to Exceed Pre -Construction Fee: $25,000.00 § 4.1.3 [DELETED] § 4.1.4 [DELETED] § 4.2 Payments § 4.2.1 Unless otherwise agreed, payments for preconstruction phase services shall be made monthly in proportion to services performed. Fee shall be invoiced on first construction Pay Application. § 4.2.2 Payments for preconstruction phase services are due and payable within thirty days (30 days) following presentation of the Construction Manager's invoice. (Paragraphs deleted) ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 5.1 For the Construction Manager's performance of the Work as described in Section 2.3, the Owner shall pay the Construction Manager the Contract Sum in current funds. The Contract Sum is the Cost of the Work as defined in Section 6.1.1 plus the Construction Manager's Fee. § 5.1.1 The Construction Manager's Fee: (State a lamp sum, percentage of Cost of the Work at, other provision for determining the Construction Manager's Fee) Construction Manager's Fee is: (1) 2.2% of Cost of the Work, as may be amended and limited by the Guaranteed Maximum Price once determined in Exhibit A; (2) plus a fixed fee of $1,019,023.00, which said fixed fee is a General Conditions Cost as calculated in Exhibit B. § 5.1.2 The method of adjustment of the Construction Manager's Fee for changes in the Work: Construction Manager shall be entitled to 2.2% of any increase caused by change in the work. § 5.1.3 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: Subcontractor's overhead and profit shall be limited to 5%and 10%, respectively. § 5.1.4 Rental rates for Construction Manager -owned equipment shall not exceed one hundred percent ( 100 %) of the standard rate paid at the place of the Project. § 5.1.5 Unit prices, if any: (Identify and ,state the unit price; state the quantity limitations, if any, to which the unit price will be applicable) Item Units and Limitations Price per Unit ($0.00) § 5.2 Guaranteed Maximum Price § 5.2.1 Notwithstanding any other provision of the Contract Documents, the Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment, as it is amended from time to time. To the extent the Cost of the Work exceeds the Guaranteed Maximum Init. AIA Document A133r-- 2009 (formerly A121 r-CMc — 2003). Copyright ® 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA- 9 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 17:16:31 ET on 03/05/2019 under Order No.3780910300 which expires on 04/2512019, and is not for resale. User Notes: (2052681049) Price, the Construction Manager shall bear such costs in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner. (Insert specific provisions if the Construction Manager is to participate in any savings) Savings shall revert 100% to the Owner. § 6.2.2 The Guaranteed Maximum Price is subject to additions and deductions by Change Order as provided in the Contract Documents and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. § 5.3 Changes In the Work § 5.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing and the Construction Manager may not make changes not issued in writing except as expressly set forth in the Contract Documents. The Architect may make minor changes in the Work as provided in Section 7.4 of AIA Document A201-2007, General Conditions of the Contract for Construction. The Construction Manager shall be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. § 5.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Section 7.3.3 of AIA Document A201-2007, General Conditions of the Contract for Construction. § 5.3.3 In calculating adjustments to Subcontracts (except those awarded with the Owner's prior written consent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Section 7.3.3.3 of AIA Document A201-2007 and the term "costs" as used in Section 7.3.7 of AIA Document A201-2007 shall have the meanings assigned to them in AIA Document A201-2007 and shall not be modified by Sections 5.1 and 5.2, Sections 6.1 through 6.7, and Section 6.8 of this Agreement. Adjustments to Subcontracts awarded with the Owner's prior written consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those Subcontracts. § 5.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in the above -referenced provisions of AIA Document A201-2007 shall mean the Cost of the Work as defined in Sections 6.1 to 6.7 of this Agreement and the term "fee" shall mean the Construction Manager's Fee as defined in Section 5.1 of this Agreement. § 5.3.5 If no specific provision is made in Section 5.1.2 for adjustment of the Construction Manager's Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Section 5.1.2 will cause substantial inequity to the Owner or Construction Manager, the Construction Manager's Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work, and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE § 6.1 Costs to Be Reimbursed § 6.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior written consent of the Owner. The Cost of the Work shall include only the items set forth in Sections 6.1 through 6.7. § 6.1.2 Where any cost is subject to the Owner's prior approval, the Construction Manager shall obtain this approval in writing prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing any Guaranteed Maximum Price Amendment. § 6.2 Labor Costs § 6.2.1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner's prior approval, at off -site workshops. § 6.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site with the Owner's prior approval. AIA Document A133Te — 2009 (formerly A121^"CMc — 2003). Copyright® 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA- 10 Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 17:16:31 ET on 03/05/2019 under Order No.3780910300 which expires on 0412512019, and is not for resale. User Notes: (2052681049) (If it is intended that the wages or salaries of certain personnel stationed at the Construction Manager's principal or other offices shall be included in the Cost of the Work, identify in Section 11.5, the personnel lobe included, whether for all or only part of their time, and the rates at which their time trill be charged to the Work.) § 6.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. § 6.2.4 Costs paid or incurred by the Construction Manager for taxes, if any; insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 6.2.1 through 6.2.3. § 6.2.5 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor, with the Owner's prior approval. § 6.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the Subcontracts. § 6.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 6.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. § 6.4.2 Costs of materials described in the preceding Section 6.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion of the Work or, at the Owner's option, shall be sold by the Construction Manager. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 6.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 6.6.1 Costs of transportation, storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 6.5.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and costs of transportation, installation, minor repairs, dismantling and removal. The total rental cost of any Construction Manager -owned item may not exceed the purchase price of any comparable item. Rates of Construction Manager -owned equipment and quantities of equipment shall be subject to the Owner's prior written approval. § 6.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal § 6.5.4 Costs of document reproductions, facsimile transmissions and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office, so long as the costs detailed in this paragraph are directly related to the Work. § 6.5.5 That portion of the reasonable expenses of the Construction Manager's supervisory or administrative6 personnel incurred while traveling in discharge of duties connected with the Work. § 6.5.6 Costs of materials and equipment necessary for the Work that are suitably stored off the site at a mutually acceptable location, subject to the Owner's prior approval. AIA Document A13Vm - 2009 (formerly A121 TmCMc - 2003). Copyright G 1994, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA- 11 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. I This document was produced by AIA software at 17:16'.31 ET on 03/05/2019 under Order No.3780910300 which expires on 04/25/2019, and is not for resale. User Notes: (2052681049) § 6.6 Miscellaneous Costs § 6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. Self-insurance for either full or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval. § 6.6.2 Sales, use or similar taxes, if any, imposed by a governmental authority that are related to the Work and for which the Construction Manager is liable. § 6.6.3 Fees and assessments, if any, for the building permit and for other permits, licenses and inspections for which the Construction Manager is required by the Contract Documents to pay. § 6.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201-2007 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 6.7.3. § 6.6.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Contract Documents; and payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner's written consent. However, such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Construction Manager's Fee or subject to the Guaranteed Maximum Price. To the extent such royalties, fees and costs are excluded by the last sentence of Section 3.17 of AIA Document A201-2007 or other provisions of the Contract Documents, then they shall not be included in the Cost of the Work. The Owner is not responsible for identifying what designs, processes, or products may require payment of a royally or licensing fee. § 6.6.6 Costs for electronic equipment and software, directly related to the Work with the Owner's prior approval. § 6.6.7 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility in the Contract Documents. § 6.6.8 [DELETED] § 6.6.9 Subject to the Owner's prior written approval, expenses incurred in accordance with the Construction Manager's standard written personnel policy for relocation and temporary living allowances of the Construction Manager's personnel required for the Work. § 6.7 Other Costs and Emergencies § 6.7.1 Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by the Owner. § 6.7.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, as provided in Section 10.4 of AIA Document A201-2007. § 6.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Construction Manager and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others. § 6.7.4 The costs described in Sections 6.1 through 6.7 shall be included in the Cost of the Work, notwithstanding any provision of AIA Document A201-2007 or other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 6.8. § 6.8 Costs Not To Be Reimbursed § 6.8.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as specifically provided in Section 6.2, or as may be provided in Article 11; AIA Document A433r--2009 (formerly A121 -CNlc — 2003). Copyright ® 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction Ord istribution of this AIA° 12 Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 17:16:31 ET on 03/05/2019 under Order No.3780910300 which expires on 04/2512019, and is not for resale. User Notes: (2052681049) .2 Expenses of the Construction Manager's principal office and offices other than the site office; .3 Overhead and general expenses, except as may be expressly included in Sections 6.1 to 6.7; .4 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work; .5 Except as provided in Section 6.7.3 of this Agreement, costs due to the negligence or failure of the Construction Manager, Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts or omissions may make any of them liable to fulfill a specific responsibility of the Contract; .6 Any cost not specifically and expressly described in Sections 6.1 to 6.7; .7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded; and .8 Costs for services incurred during the Preconstruction Phase. § 6.9 Discounts, Rebates and Refunds § 6.9.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included them in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained and promptly paid to the Owner. § 6.9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 6.9.1 shall be credited to the Owner as a deduction from the Cost of the Work. § 6.10 Related Party Transactions § 6.10.1 For purposes of Section 6.10, the term "related party" shall mean a parent, subsidiary, affiliate or other entity having common ownership or management with the Construction Manager; any entity in which any stockholder in, or management employee of, the Construction Manager owns any interest in excess of ten percent in the aggregate; or any person or entity which has the right to control the business or affairs of the Construction Manager. The term "related party" includes any member of the immediate family of any person identified above. § 6.10.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party, the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction, then the cost incurred shall be included as a cost to be reimbursed, and the Construction Manager shall procure the Work, equipment, goods or service from the related party, as a Subcontractor, according to the terms of Sections 2.3.2.1, 2.3.2.2 and 2.3.2.3. If the Owner fails to authorize the transaction, the Construction Manager shall procure the Work, equipment, goods or service from some person or entity other than a related party according to the terms of Sections 2.3.2.1, 2.3.2.2 and 2.3.2.3. § 6.11 Accounting Records The Construction Manager shall keep full and detailed records and accounts related to the Cost of the Work and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction Manager's records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, Subcontracts, Subcontractor's proposals, purchase orders, vouchers, memoranda and other data relating to this Contract. The Construction Manager shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law or specified by the Owner. ARTICLE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 7.1 Progress Payments § 7.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Construction Manager as provided below. Init. AIA Document A133LO— 2009 (formerly A121 TOCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 13 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 17:16:31 ET on 03/05/2019 under Order No.3780910300 which expires on 04125/2019, and is not for resale. User Notes: (2052681049) § 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 7.1.3 Provided that an Application for Payment is received by the Architect not later than the 25th day of a month, the Owner shall make payment of the certified amount to the Construction Manager not later than the 25th day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than thirty ( 30 ) days after the Architect receives the Application for Payment. § 7.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager, less that portion of those payments attributable to the Construction Manager's Fee, plus payrolls for the period covered by the present Application for Payment. § 7.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Construction Manager's Applications for Payment. § 7.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed, or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Construction Manager on account of that portion of the Work for which the Construction Manager has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 7.1.7 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201-2007; .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Add the Construction Manager's Fee, less retainage of five percent ( 5 %). The Construction Manager's Fee shall be computed upon the Cost of the Work proportional to the completion of the Work at the rate stated in Section 5.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed -sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of five percent ( 5 %) from that portion of the Work that the Construction Manager self -performs; .5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required by Section 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .7 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. AIA Document A133ie-2009 (formerly A121T"CMc — 2003). Copyright @ 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA- 14 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 17*16:31 ET on 03/05/2019 under Order No.3780910300 which expires on 04/25/2019, and is not for resale. User Notes: (2052681049) § 7.1.8 The Owner and Construction Manager shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Construction Manager shall execute Subcontracts in accordance with those agreements. § 7.1.9 Except with the Owner's prior approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 7.1.10 In taking action on the Construction Manager's Applications for Payment, the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 7.1.4 or other supporting data; that the Architect has made exhaustive or continuous on -site inspections; or that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 7.2 Final Payment § 7.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager when .1 the Construction Manager has fully performed the Contract except for the Construction Manager's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment; and .3 a final Certificate for Payment has been issued by the Architect. The Owner's final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment. This provision for the timing of the final payment controls over any contrary provision in the Contract Documents, including but not limited to Section 7.1.3. § 7.2.2 The Owner's Finance Director will review and report in writing on the Construction Manager's final accounting within 30 days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of the Work as the Owner's report to be substantiated by the Construction Manager's final accounting, and provided the other conditions of Section 7.2.1 have been met, the Architect will, within seven days after receipt of the written report of the Owner's Finance Director, either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate as provided in Section 9.5.1 of the AIA Document A201-2007. The time periods stated in this Section supersede those stated in Section 9.4.1 of the AIA Document A201-2007. The Architect is not responsible for verifying the accuracy of the Construction Manager's final accounting. § 7.2.3 If the Owner's Finance Director reports the Cost of the Work as substantiated by the Construction Manager's final accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A201-2007. A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment. Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the Owner's Finance Director becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. § 7.2.4If, subsequent to final payment and at the Owner's request, the Construction Manager incurs costs described in Section 6.1.1 and not excluded by Section 6.8 to correct defective or nonconforming Work, the Owner shall reimburse the Construction Manager such costs and the Construction Manager's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If the Construction Manager has participated in savings as provided in Section 5.2.1, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager. AIA Document A133'a — 2009 (formerly A121 -CMc — 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA- Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 15 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. ( This document was produced by AIA software at 17:16:31 ET on 03/05/2019 under Order No.3780910300 which expires on 04/25/2019, and is not for resale. User Notes: (2052681049) ARTICLE B INSURANCE AND BONDS For all phases of the Project, the Construction Manager and the Owner shall purchase and maintain all insurance, respectively required of them by the Contract Documents and applicable law and the Construction Manager shall provide bonds as set forth in Article I l of AIA Document A201-2007. (Slate bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201-2007.) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) General Liability Each Occurrence $2,000,000 Damage to Rented Premises (Each Occurrence) $1,000,000 Medical Expenses (any one person) $10,000 Personal and Advertising Injury $2,000,000 General Aggregate $4,000,000 Products — COMP/OP AGG $4,000,000 Automobile Liability Combined single limit (Each Occurrence) $2,000,000 Umbrella Liability Each Occurrence $2,000,000 Aggregate $2,000,000 Workers Compensation Statutory requirements All requirements under Article I I of AIA See Article I 1 of AIA Document 201-2007 Document201-2007 ARTICLE 9 DISPUTE RESOLUTION § 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 9 and Article 15 of A201-2007. However, for Claims arising from or relating to the Construction Manager's Preconstruction Phase services, no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution, and Section 9.3 of this Agreement shall not apply. § 9.2 For any Claim subject to, but not resolved by mediation pursuant to Section 15.3 of AIA Document A201-2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Construction Manager do not select a method of binding dispute resolution below, m• do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court ofcompetent jurisdiction) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [ X ] Litigation in a state court of competent jurisdiction in Collin County, Texas. [ ] Other: (Spec) § 9.3 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007 for Claims arising from or relating to the Construction Manager's Construction Phase services, unless the parties appoint below another individual, not a party to the Agreement, to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect) AIA Document A13Y--2009 (formerly A121 T.CMe — 2003). Copyright @ 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA- Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA- 16 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. I This document was produced by AIA software at 17:16:31 ET on 03/05/2019 under Order No.3780910300 which expires on 04/25/2019, and is not for resale. User Notes: (2052681049) ARTICLE 10 TERMINATION OR SUSPENSION § 10.1 Termination Prior to Establishment of the Guaranteed Maximum Price § 10.1.1 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven days' written notice to the Owner, for the reasons set forth in Section 14.1.1 of A201-2007. § 10.1.2 In the event of termination of this Agreement pursuant to Section 10.1.1, the Construction Manager shall be equitably compensated for Preconstruction Phase services performed prior to receipt of a notice of termination. In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 4.1. § 10.1.3 If the Owner terminates the Contract pursuant to Section 10.1.1 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shall pay to the Construction Manager an amount calculated as follows, which amount shall be in addition to any compensation paid to the Construction Manager under Section 10.1.2: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed -sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services. The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager which the Owner elects to retain and which is not otherwise included in the Cost of the Work under Section 10.1.3.1. To the extent that the Owner elects to take legal assignment of Subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 10, execute and deliver all such papers and take all such steps, including the legal assignment of such Subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such Subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above. If the Owner accepts assignment of Subcontracts, purchase orders or rental agreements as described above, the Owner will reimburse or indemnify the Construction Manager for all costs arising under the Subcontract, purchase order or rental agreement, if those costs would have been reimbursable as Cost of the Work if the contract had not been terminated. Ifthe Owner chooses not to accept assignment of any Subcontract, purchase order or rental agreement that would have constituted a Cost of the Work had this agreement not been terminated, the Construction Manager will terminate the Subcontract, purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. § 10.2 Termination Subsequent to Establishing Guaranteed Maximum Price Following execution of the Guaranteed Maximum Price Amendment and subject to the provisions of Section 10.2.1 and 10.2.2 below, the Contract may be terminated as provided in Article 14 of AIA Document A201-2007. § 10.2.1 If the Owner terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Construction Manager pursuant to Sections 14.2 and 14.4 of A201-2007 shall not exceed the amount the Construction Manager would otherwise have received pursuant to Sections 10.1.2 and 10.1.3 of this Agreement. § 10.2.2 If the Construction Manager terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Construction Manager under Section 14.1.3 of A201-2007 shall not exceed the amount the Construction Manager would otherwise have received under Sections 10.1.2 and 10.1.3 above, except that the Construction Manager's Fee shall be calculated as if the Work had been fully completed by the Construction Manager, utilizing as necessary a reasonable estimate of the Cost of the Work for Work not actually completed. AIA Document A133ie — 2009 (formerly A121 r'"CMc— 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA0 17 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent passible under the law. / This document was produced by AIA software at 17:16:31 ET on 03/05/2019 under Order No.3780910300 which expires an 04/2512019, and is not for resale. User Notes: (2052681049) § 10.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. In such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A201-2007, except that the term "profit" shall be understood to mean the Construction Manager's Fee as described in Sections 5.1 and 5.3.5 of this Agreement. ARTICLE 11 MISCELLANEOUS PROVISIONS § 11.1 Terns in this Agreement shall have the same meaning as those in A201-2007, except as expressly defined herein. § 11.2 Ownership and Use of Documents Section 1.5 of A201-2007 shall apply to both the Preconstruction and Construction Phases. § 11.3 Governing Law Section 13.1 of A201-2007 shall apply to both the Preconstruction and Construction Phases. § 11.4 Assignment The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. Except as provided in Section 13.2.2 of A201-2007, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 11.5 Other provisions: The project staff will be charged at the rates noted in the attached Fee and General Condition sheets — Exhibit B No Third Party Beneficiaries This Agreement is for the exclusive benefit of Owner and Construction Manager, and/or their successors in interest or other lawful assigns. No third -party beneficiaries to any term herein are intended by the parties and no such beneficiaries may be implied. Duties owed by a signatory party to this Agreement to a third party under this Agreement are only enforceable by another signatory party. Incorporation of this Agreement by reference into any other contract or agreement shall not be sufficient to allow any non -signatory party to pursue enforcement of its terms. The Construction Manager does not boycott Israel and will not boycott Israel during the term of this Agreement ARTICLE 12 SCOPE OF THE AGREEMENT § 12.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 12.2 The following documents comprise the Agreement: .1 AIA Document A 133-2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price (this document). .2 AIA Document A201-2007, General Conditions of the Contract for Construction (Paragraphs deleted) .3 Other documents: (Lis( other documents, if any, forming part of the Agreement.) Documents enumerated in Section 1.1.1 of A201-2007 Exhibit A — Guaranteed Maximum Price Amendment Exhibit B— General Conditions Cost, Proposal Form AIA Document A133TM — 2009 (formerly A121 TMCMe— 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA- 18 Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 17:16:31 ET on 03/05/2019 under Order No.3780910300 which expires on 04/25/2019, and is not for resale. User Notes: (2052681049) M"(" 4194319 This Agreement i e ere int as of the day and year first wri OWNER (Sign ar Jim Proce City Manager (Printed name and title) Init. AIA Document A133r-- 2009 (formerly A121 -CMc — 2003). Copyright a 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 19 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 17:16:31 ET on 03/05/2019 under Order No.3780910300 which expires on 04/2512019, and is not for resale. User Notes: (2052681049) DRAFTAIAO Document A133T" - 2009 Exhibit A Guaranteed Maximum Price Amendment for the following PROJECT: (Name and address or location) ADDITIONS AND DELETIONS: The «City Of Anna Municipal COmp1eX» author of this document has «Northeast corner of 7th Street and Powell Parkway in Anna, TX» added information needed for its completion. The author may also have revised the THE OWNER: text of the original AIA (Name, legal status and address) standard form. An Additions and Deletions Report that notes added information as «City Of Anna» o> well as revisions to the «111 North Powell Parkway standard form text is Anna, TX 754�9-�776» available from the author and hould be reviewed. THE CONSTRUCTION MANAGER: This document has important legal consequences. (Name, legal status and address) Consultation with a attorney is encouraged respect to its completion or modification. III AIA Document A201--2007, General Conditions of the ARTICLE A.1 Contract for Construction, § A.1.1 Guaranteed Maximum Price is adopted in this document Pursuant to Section 2.2.6 of the Agreement, the Owner and Construction Manager hereby by reference. Do not use with amend the Agreement to establish a Guaranteed Price. sa agreed the � blih Gtd Maximum PiAd b g by Owner other general conditions and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract unless this document is modified. Sum shall not exceed. The Contract Sum consists of the Construction Manager's Fee plus �- the Cost of the Work, as that term is defined in Article 6 of this Agreement. § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed ($ a » ), subject to additions and deductions by Change Order as provided in the Contract Documents. § A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories, allowances, contingencies, alternates, the Construction Manager's Fee, and other items that comprise the Guaranteed Maximum Price. (Provide below or reference an attachment.) § A.1.1.3 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the Contract Documents permit the Owner to accept other alternates subsequent to the execution of this Amendment, attach a schedule of such other alternates showing the amount for each and the date when the amount expires.) § A.1.1.4 Allowances included in the Guaranteed Maximum Price, if any: ELECTRONIC COPYING of any portion of this AIA" Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A133" - 2009 Exhibit A. Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 1 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:20:36 ET on 02/04/2019 under Order No. 7587319492 which expires on 01/02/2020, and is not for resale. User Notes: (1416525901) (Identify allowance and state exclusions, if any, from the allowance price.) Item Price $0.00 § A.1.1.5 Assumptions, if any, on which the Guaranteed Maximum Price is based: § A.1.1.6 The Guaranteed Maximum Price is based upon the following Supplementary and Contract: Document Title IN M Date § A.1.1.7 The Guaranteed Maximum Price is based upon the following Specifications: (Either list the Specifications here, or refer to an exhibit attached to this Agreement) Section Title Date § A.1.1.8 The Guaranteed Maximum Price is based upon the following Drawings: (Either list the Drawings here, or refer to an exhibit attached to this Agreement.) Number Title Date § A.1.1.9 The Guaranteed Maximum Price is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Agreement.) i ARTICLE A.2 § A.2.1 The anticipated date of Substantial Completion established by this Amendment: OWNER (Signature) (Printed name and title) CONSTRUCTION MANAGER »« (Printed name and title) AIA Document A1331°' - 2009 Exhibit A. Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, 2 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:20:36 ET on 02/04/2019 under Order No.7587319492 which expires on 01/02/2020, and is not for resale. User Notes: (1416525901) Lee Lewis Construction, Inc. LLM September 3, 2019 Mr. Jim Proce City of Anna 111 N. Powell Parkway Anna, TX 75409-0776 Re: New Municipal Complex - Early Site Package Dear Mr. Proce, Please allow this letter to serve our request for your acceptance of our Guaranteed Maximum Price (GMP) for the New Municipal Complex - Early Site Package which includes earthwork, water, sanitary sewer, and storm drainage piping per the bid documents dated July 19, 2019. The sum total GMP is $1,911,193. The conduit in the documents will bid with the building package. The project was legally advertised and competitively bid out for this scope of work. If you would like to discuss any issues in greater detail, please do not hesitate to contact me. Sincerely, Lee Lewis Construction, Inc. Jin Graham Vice President Accepted by Date 17177 Preston Road • Suite 160 • Dallas, Texas 75248 PO Box 795037 • Dallas, Texas 75379 972/818-0700 • Fax 972/818-0706 THE CITY CIF Anna AGENDA ITEM: Item No. 7. City Council Agenda Staff Report Meeting Date: 9/10/2019 Conduct a Public Hearing on the Proposed 2019 Tax Rate (Finance Director Dana Thornhill) SUMMARY: The City Council scheduled September 10, 2019 at 7:30 p.m. as the date and time for the second public hearing on the proposed 2019 Tax Rate. 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 rate. The following table is a comparison between the proposed tax rate, last year's rate, the effective rate and roll -back rate. Proposed FY 2019 Tax Rate $0.591288 per $100 Preceding FY 2018 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. The budget and tax rate are scheduled for adoption at the September 17th at a Special Called 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. STAFF RECOMMENDATION: This is a public hearing only. No action by the City Council is required at this time.