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2024-10-22 Work Session & Regular Meeting Packet
AGENDA City Council Work Session Tuesday, October 22, 2024 @ 5:30 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna will meet in a Closed Session on 10/22/2024 at 5:30 PM, in the Anna Municipal Complex - Council Chambers, located at 120 W. 7th Street, 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). 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). d.Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 3.Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 4.Adjourn. This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City’s website (www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or before 5:00 p.m. on 10/18/2024. ____________________________ Carrie L. Land, City Secretary AGENDA City Council Meeting Tuesday, October 22, 2024 at 6:00 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna will meet on 10/22/2024 at 6:00 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. Welcome to the City Council meeting. 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.Neighbor Comments. At this time, any person may address the City Council regarding an item on this meeting Agenda that is not scheduled for public hearing. Also, at this time, any person may address the City Council regarding an item that is not on this meeting Agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this Agenda, other than to make statements of specific information in response to a citizen’s inquiry or to recite existing policy in response to the inquiry. 4.Reports. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the Agenda. 5.Work Session. a.City Charter Amendment Process (City Secretary Carrie Land) b.Sherley Farms Development Update (Director of Development Services Stephanie Scott-Sims) 6.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 October 8, 2024 Meeting Minutes. (City Secretary Carrie Land) b.Review Minutes of the September 5, 2024, Joint Community Development Corporation and Economic Development Corporation Board Meeting. (Director of Economic Development Bernie Parker) c.Review Monthly Financial Report for the Month Ending September 30, 2024. (Budget Manager Terri Doby) d.Review Minutes of the August 26, 2024 Diversity and Inclusion Advisory Commission Meeting. (Assistant City Manager Taylor Lough) e.Approve a Resolution making revisions to the Investment Policy. (Director of Finance Aimee Ferguson) f.Approve a Resolution authorizing the City Manager to execute purchase orders to Musco Sports Lighting, LLC, to install lighting system improvements on the Hackberry Water Tower. (Director of Public Works Steven Smith) g.Approve a Resolution authorizing the City Manager to execute purchase orders in a fourth amendment to the Construction Manager at Risk contract for the construction of improvements at the Hurricane Wastewater Treatment Plant with Garney Construction. (Director of Public Works Steven Smith) 7.Items For Individual Consideration. a.Conduct a Public Hearing/Consider/Discuss/Action on a request to rezone one lot on 1.0± acre from SF-1 Single Family Residential District to Downtown (DT) District. Located on the east side of North Powell Parkway, 530± feet south of Fern Street. (Zone 24-0001) (Director of Development Services Stephanie Scott-Sims) b.Consider/Discuss/Action on a Resolution approving an Economic Development Incentive Agreement with the Seitz Group, Inc. (Director of Economic Development Bernie Parker) c.Consider/Discuss/Action on a Resolution regarding the naming of a park located at 1456 Persimmon Dr. "Carol Park." (Director of Neighborhood Services Marc Marchand) d.Consider/Discuss/Action on a Resolution amending the name and terms of members of the Diversity and Inclusion Advisory Commission. (Assistant City Manager Taylor Lough) 8.Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a.Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). b.Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). 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). d.Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). City Manager. City Council, Boards and Commissions. 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. 10.Adjourn. This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City’s website (www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or before 5:00 p.m. on 10/18/2024. Carrie L. Land, City Secretary Item No. 5.a. City Council Agenda Staff Report Meeting Date: 10/22/2024 Staff Contact: Carrie Land AGENDA ITEM: City Charter Amendment Process (City Secretary Carrie Land) SUMMARY: Look at the process and time frame for a City Charter Amendment. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The last Charter Review was completed in 2017. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. Charter Amendment Process Charter Amendment Process Charter Review Commission Must be formed every six years according to current charter. Must be composed of at least 10 citizens of the City, with no City employees or City officers. Appointed by the City Council. Duties: Inquire into the operation of City government under the charter and determine whether any provisions require revision Propose recommendations it deems desirable to ensure compliance with the charter Report findings and recommendations to the City Council File records of its proceedings with the City Secretary Created for no longer than 6 months. Doesn’t amend the charter; recommends amendments to Council, who will decide if they will be put to the voters.Copyright © 2017 Wolfe, Tidwell & McCoy, LLP Charter Review Commission recommendation Charter Review Commission Process Charter Review Commission (“CRC”) appointed by Council CRC meets and sets organizational parameters not specified by Council CRC evaluates City operations to identify areas of interest relating to the charter CRC solicits and receives City staff input CRC drafts report for City Council and proposed charter amendments City Council reviews report, obtains legal review, and drafts final amendment language Council votes on proposed amendments and orders election to be held 40 or more days later CRC needs to be appointed at least with enough time to submit their report at least 40 days before election day Copyright © 2017 Wolfe, Tidwell & McCoy, LLP Charter Election Process Council orders placement on ballot on first authorized uniform election date Notice published •Must include substantial copy of proposed amendment •Must include estimate of financial impact •Same day in two successive weeks Election Amendments must be restricted to a single “subject” each No less than 15 days between first notice and election No less than 15 days between ordinance and first published notice Council orders City Secretary to mail copy of charter to each registered voter At least 30 days before election Must be at least 40 days after CRC report Copyright © 2017 Wolfe, Tidwell & McCoy, LLP Election Aftermath Council canvasses election and enters order declaring passing amendments to be adopted Mayor certifies amendment(s) to Secretary of State under City seal City Secretary records amendment(s) in City archives Amendment effective There is no discretion as to whether to perform these duties. If any change to the charter is approved, there cannot be another charter election for at least two years. As soon as practicable Copyright © 2017 Wolfe, Tidwell & McCoy, LLP Project Timeline May 2, 2026 – Election Day January 27, 2026 – Council to Call Special Election December 9, 2025 - Charter Review Presentation to Council June 17, 2025 - Charter Review Commission Appointed City Manager Review January 31, 2025 – Staff Review due Q&A Item No. 5.b. City Council Agenda Staff Report Meeting Date: 10/22/2024 Staff Contact: Stephanie Scott-Sims AGENDA ITEM: Sherley Farms Development Update (Director of Development Services Stephanie Scott-Sims) SUMMARY: The Tellus Group will provide the City Council with an update regarding Sherley Farms, a proposed master planned development located on the east side of future Leonard Avenue and north of FM 455. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The applicants previously provided a work session to City Council on April 23, 2024. The applicant and City staff are currently working together on the Staff recommends the Council provide feedback to the developer. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Project Location Map - Sherley Farms Item No. 6.a. City Council Agenda Staff Report Meeting Date: 10/22/2024 Staff Contact: AGENDA ITEM: Approve City Council October 8, 2024 Meeting Minutes. (City Secretary Carrie Land) SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: 1. CCmin2024-10-08 WS 2. CCmin2024-10-08 Reg City Council Work Session Meeting Minutes Tuesday, October 8, 2024 @ 5:30 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna met in a Closed Session on 10/08/2024 at 5:30 PM, in the Anna Municipal Complex - Council Chambers, located at 120 W. 7th Street, to consider the following items. 1.Call to Order, Roll Call, and Establishment of Quorum. Mayor Cain called the meeting to order at 5:30 PM. Members Present: Mayor Pete Cain Mayor Pro Tem Stan Carver ll Deputy Mayor Pro Tem Elden Baker Council Member Kevin Toten Council Member Jody Bills Council Member Kelly Herndon Council Member Lee Miller Members Absent: None 2.Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a.Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). b.Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). 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). Potential residential and commercial developments and financial incentives. d.Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). MOTION: Council Member Herndon moved to enter closed session. Mayor Pro Tem Carver seconded. Motion carried 7-0. Mayor Cain recessed the meeting at 5:30 PM. Mayor Cain reconvened the meeting at 6:07 PM. 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 was taken. 4.Adjourn. Mayor Cain adjourned the meeting at 6:07 PM. Regular City Council Meeting Meeting Minutes Tuesday, October 8, 2024 @ 6:00 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna met on 10/08/2024 at 6:00 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. 1.Call to Order, Roll Call, and Establishment of Quorum. Mayor Cain called the meeting to order at 6:07 PM. Members Present: Mayor Pete Cain Mayor Pro Tem Stan Carver ll Deputy Mayor Pro Tem Elden Baker Council Member Kevin Toten Council Member Jody Bills Council Member Kelly Herndon Council Member Lee Miller Members Absent: None 2.Invocation and Pledge of Allegiance. Mayor Cain led the Invocation and Pledge of Allegiance 3.Neighbor Comments. At this time, any person may address the City Council regarding an item on this meeting Agenda that is not scheduled for public hearing. Also, at this time, any person may address the City Council regarding an item that is not on this meeting Agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this Agenda, other than to make statements of specific information in response to a citizen’s inquiry or to recite existing policy in response to the inquiry. There were no public comments. 4.Reports. 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. Deputy Mayor Pro Tem Baker noted it was Down Syndrome Awareness Week. Council Member Herndon noted October is Breast Cancer Awareness Month. Council Member Herndon thanked all the neighborhoods that participated in National Night Out. 5.Work Session. Mayor Cain led the Invocation and Pledge of Allegiance. a.Presentation of Anna Crossing Park Master Plan (Park Planning and Development Manager Dalan Walker) Staff presented a final draft of the master plan of Anna Crossing Park for City Council review and feedback. A review of the design process and public input was included in the presentation. Once the master plan is finalized, the next step in the project is the development of construction drawings by Huitt-Zollars. 6.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. MOTION: Council Member Toten moved to approve consent items a through d. Council Member Herndon seconded. Motion carried 7-0 . a.Approve City Council Meeting Minutes for September 24, 2024. (City Secretary Carrie Land) b.Approve a Resolution Authorizing the Execution of a Contract for the Purchase of a Pierce Fire Engine from Siddons-Martin Emergency Group. (Fire Chief Ray Isom) The item before council is the purchase of a Pierce Fire Engine. Certificate of Obligation (CO) Bond proceeds that were approved by the City Council will be utilized for this purchase and the approval of this resolution allows continuation of the manufacturing process. This item includes related equipment and upfit for the vehicle. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONTRACT AND AUTHORIZING EXECUTION OF SAME FOR THE PURCHASE OF A PIERCE FIRE ENGINE FROM SIDDONS-MARTIN EMERGENCY GROUP. c.Approve a Resolution appointing an Associate Judge of the Municipal Courts of the City of Anna. (Finance Director Aimee Ferguson) Given the increase in the number of municipal court dockets, administrative matters, document signing hearings and trials, there is a need to appoint an Associate Judge, Jeffrey Beltz, to fill in for Chief Judge Paul Liston. The City of Anna is currently holding two in-person court dates per month. A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPOINTING ASSOCIATE JUDGE OF THE MUNICIPAL COURTS OF THE CITY OF ANNA, SETTING THE TERMS OF OFFICE AND MANNER OF COMPENSATION FOR THE JUDGE; AND PROVIDING AN EFFECTIVE DATE. d.Approve a Resolution amending signatories to transact business with Simmons Bank. (Director of Finance Aimee Ferguson) To update authorized signatories on bank accounts held at Simmons Bank. It is recommended that Ryan Henderson, City Manager, and Aimee Ferguson, Director of Finance be added to the list of authorized signatories on the City's accounts. A RESOLUTION OF THE CITY OF ANNA, AMENDING THE AUTHORIZED REPRESENTATIVES AUTHORIZED TO TRANSACT BUSINESS WITH SIMMONS BANK BY REMOVING ALAN GUARD AND SHEILA ALEXANDER FROM THE LIST OF AUTHORIZED SIGNATORIES; AND ADDING RYAN HENDERSON, AND AIMEE RAE FERGUSON, TO THE NAMED AUTHORIZED SIGNATURES, FOR BANKING PURPOSES AND CERTIFICATION OF INCUMBANCY AND PROVIDING AN EFFECTIVE DATE. 7.Items For Individual Consideration. a.Consider/Discuss/Action on nominations for the 2025 Collin Central Appraisal District Board of Directors. (City Secretary Carrie Land) The Board of Directors governs the Collin Central Appraisal District. The taxing entities that vote on the appraisal district's budget (county, city, school and special districts) select the directors on the appraisal district's Board of Directors. Starting January 1, 2024 the Board of Directors will include three (3) publicly elected directors in addition to the five (5) appointed directors which are still elected by the taxing units that participate in the Appraisal District. Each taxing unit may nominate one to five board candidates. Appointed directors will begin staggered four-year terms on January 1st of even-numbered years, and elected directors will begin staggered fouryear terms on January 1st of odd-numbered years. All five (5) of the board positions are included in this election. Therefore, each taxing unit can nominate a maximum of five (5) candidates. To be eligible to serve on the board, an individual must be a resident of the district and must have resided in the district for at least two years immediately preceding the date they take office. Nominations for candidates are being accepted now through October 11, 2024. Nominees may be Anna neighbors, council members or board members. MOTION: Council Member Toten moved to nominate Darin Hayes, Lee Miller, Bob Hallberg, Sheri Sachs, and Lisa Biddle. Council Member Herndon seconded. Motion carried 7-0. Mr. Darin Hayes delinked the nomination. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, COLLIN COUNTY, TEXAS, PLACING IN NOMINATION THE NAMES OF LEE MILLER, ROBERT HALLBERG, SHERI SACHS, AND LISA BIDDLE FOR MEMBERSHIP ON THE BOARD OF DIRECTORS OF THE COLLIN CENTRAL APPRAISAL DISTRICT IN ACCORDANCE WITH SECTION 6.03(g) OF THE TEXAS PROPERTY TAX CODE; DIRECTING THE CITY SECRETARY TO NOTIFY INTERESTED PARTIES OF SAID ACTION; AND PROVIDING AN EFFECTIVE DATE. b.Consider/Discuss/Action on Meeting Dates for November and December 2024. (City Secretary Carrie Land) In November, the second Tuesday falls during the week of the Thanksgiving holiday, and in December, it falls on Christmas Eve. MOTION: Council Member Miller moved to cancel the second Tuesday meetings in November and December. Council Member Herndon seconded. Motion carried 7-0. 8.Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a.Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). b.Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). 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). Potential residential and commercial developments and financial incentives. d.Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). There was no Closed Session. 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. No action taken. 10.Adjourn. Mayor Cain adjourned the meeting at 6:37 PM. Approved on the 22nd Day of October, 2024 ____________________________________ Mayor Pete Cain ATTEST: ______________________________ City Secretary Carrie L. Land Item No. 6.b. City Council Agenda Staff Report Meeting Date: 10/22/2024 Staff Contact: Bernie Parker AGENDA ITEM: Review Minutes of the September 5, 2024, Joint Community Development Corporation and Economic Development Corporation Board Meeting. (Director of Economic Development Bernie Parker) SUMMARY: This item is for Council to review meeting minutes from the September 5, 2024, CDC/EDC Joint Board Meeting. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The CDC/EDC met on September 5, 2024, for their monthly Joint Board Meeting. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. September 5_2024 CDC EDC Joint Meeting Minutes (Signed) Item No. 6.c. City Council Agenda Staff Report Meeting Date: 10/22/2024 Staff Contact: Terri Doby AGENDA ITEM: Review Monthly Financial Report for the Month Ending September 30, 2024. (Budget Manager Terri Doby) SUMMARY: The City of Anna's financial policies require the publication of a financial report monthly. This report covers the financial performance for Fiscal Year 2024 through September 30, 2024. Enclosed in the report is an executive dashboard that provides a high level look at major funds along with detailed reporting of sales tax collections. The financial condition of the City remains strong and the reported funds adhere to fund balance requirements. FINANCIAL IMPACT: Information only. BACKGROUND: The FY2024 Budget was adopted on September 12, 2023. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. FY2024 City Council Monthly Financial Report September Positive Positive variance compared to historical trends Warning Negative variance of 3%-5% compared to historical trends Negative Negative variance of >5% compared to historical trends FY2024 FY2024 % Budget YTD REVENUES General Fund Property Taxes 11,191,000$ 11,311,933$ 101% Sales Tax 4,293,000 4,885,715 114%Reflects eleven month of remittances Franchise and Local Taxes 825,000 980,810 119% Charges for Services 730,000 1,405,643 193% Fines 300,000 470,989 157% Permits, Licenses and Fees 4,330,000 6,222,259 144% Investment Income 500,000 1,286,072 257% Other Revenues 37,000 256,862 694% Revenue Total 22,206,000$ 26,820,283$ 121%With 10% of the year expired, revenues recorded in the General Ledger are at 121% of budget. EXPENDITURES General Fund Expense Total 22,205,696$ 23,065,383$ 104% With 100% of the year expired, expenses are 104% of budget. One-time spending includes vital public safety equipment and runoff election expenses. . Utility Fund REVENUES Water Sales 10,846,000$ 11,934,018$ 110% Wastewater Charges 7,718,000 8,661,247 112% Sanitation Revenue 2,300,000 3,550,274 154% Other Charges for Services 628,570 1,450,092 231% Permits, Licenses and Fees 1,522,000 392,380 26% Investment Income 302,000 767,308 254% Other Revenues 600 95,220 15870% Utility Fund Total 23,317,170$ 26,850,539$ 115%With 100% of the year expired, revenues recorded in the General Ledger are at 115% of budget. EXPENDITURES Utility Fund Expense Total 21,547,935$ 25,323,483$ 118%With 100% of the year expired, expenses are 118% of budget. Increased expenses will be offset by increased revenues. CITY OF ANNA GENERAL & UTILITY FUNDS DASHBOARD Through September 30, 2024 Favorable / Unfavorable % Change 2023-24 Collections from 2022-23 Collections Monthly Prior Year Monthly October 655,358$ 25.5% 522,386$ November 695,026 28.0% 542,873 December 768,837 23.5% 622,388 January 566,981 24.8% 454,358 February 621,381 34.2% 463,016 March 723,838 19.5% 605,483 April 647,636 17.4% 551,653 May 699,251 18.1% 591,858 June 835,007 31.5% 634,824 July 785,388 30.9% 600,214 August 818,441 24.7% 656,241 September 707,590 7,817,144$ 6,952,884$ Budget: 6,753,000 115.8% 6,753,100 CITY OF ANNA Schedule of Sales Tax Collections For the month August 31, 2024 $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 Monthly Sales Tax Collections: 3 Year Comparison FY2021-22 FY2022-23 FY2023-24 Fiscal Year 2023-24 Fiscal Year 2022-23 Monthly Monthly October 56 1 November 44 39 December 57 17 January 150 16 February 170 32 March 172 129 April 174 124 May 114 72 June 128 82 July 78 179 August 60 119 September 56 44 1,259 854 % Budget FY2024 Budget: 800 157.4% CITY OF ANNA Building Permits Issued Thru the month August 31, 2024 0 20 40 60 80 100 120 140 160 180 200 Monthly Building Permits Received: 2 Year Comparison FY2022-23 FY2021-22 Item No. 6.d. City Council Agenda Staff Report Meeting Date: 10/22/2024 Staff Contact: Taylor Lough AGENDA ITEM: Review Minutes of the August 26, 2024 Diversity and Inclusion Advisory Commission Meeting. (Assistant City Manager Taylor Lough) SUMMARY: The Diversity and Inclusion Advisory Commission met on Monday, August 26, 2024. The minutes are within for review. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The City Council adopted Resolution 2020-07-757 on July 14, 2020, creating the Anna Diversity and Inclusion Advisory Commission for facilitation of community dialog, representation of diverse neighbor voices, review of policies and services as they pertain to supporting all members of the community. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Neighborly. ATTACHMENTS: 1. DImin2024-08-26 Item No. 6.e. City Council Agenda Staff Report Meeting Date: 10/22/2024 Staff Contact: Aimee Ferguson AGENDA ITEM: Approve a Resolution making revisions to the Investment Policy. (Director of Finance Aimee Ferguson) SUMMARY: Staff recommends that the City Council approve a resolution making revisions to the city's Investment Policy. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The City of Anna, per the Investment Policy, is required to revisit, revise, and adopt the Investment Policy each year. Revisions recommended to the policy are confirmation of titles for Investment Officers and added weighted average yield to maturity as the performance standard. The Texas Legislature did not make any substantive changes to the Public Funds Investment Act (PFIA) during the course of the last legislative session. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. Resolution Amending Investment Policy 10.22.2024 2. City of Anna - Investment Policy - 10-22-2024 Redline CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION REVIEWING AND AMENDING THE INVESTMENT POLICY OF THE CITY OF ANNA. WHEREAS, the City of Anna, Texas (“the City”) is committed to principles and practices of open and fair government that honors the public trust; and WHEREAS, the City of Anna, Texas City Council (“City Council”) has determined that it is in the interests of the citizens of Anna to adopt an Investment Policy that establishes policies and procedures to govern the management and care of public funds; and WHEREAS, the Public Funds Investment Act (“the Act”) requires annual review of the City’s Investment Policy; and WHEREAS, the most recent annual review of the City’s Investment Policy has prompted an amendment to the existing policy attached hereto as Exhibit 1; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above-referenced recitals are incorporated herein as if set forth in full for all purposes. Section 2. Investment Policy Reviewed The City Council has reviewed the City’s Investment Policy and investment strategies and approves the amended Investment Policy attached hereto as Exhibit 1. PASSED by the City Council of the City of Anna, Texas, on this the 22nd day of October, 2024. ATTEST: ________________________________ Carrie L. Land, City Secretary APPROVED: ________________________________ Nate Pike, Mayor City of Anna, Texas Investment Policy OctoberAugust 22, 20243 2 | P a g e TABLE OF CONTENTS I.Policy..........................................................................................................................3 II.Scope.........................................................................................................................3 III.Investment Objective and Strategy............................................................................4 A.Preservation and Safety of Principal.....................................................................4 B.Liquidity.................................................................................................................4 C.Public Trust...........................................................................................................4 D.Yield......................................................................................................................5 E.Strategy ................................................................................................................5 IV.Standards of Care......................................................................................................7 A.Prudence ..............................................................................................................7 B.Ethics and Conflict of Interest...............................................................................7 C.Delegation of Authority .........................................................................................8 D.Internal Control.....................................................................................................8 V.Authorized Investments and Parameters...................................................................9 A.Authorized Investments........................................................................................9 B.Prohibited Investments.......................................................................................10 C.Investments with Required Ratings....................................................................10 D.Exemption for Existing Investments....................................................................10 VI.Primary Depository and Broker/Dealers...................................................................10 A.Primary Depository.............................................................................................10 B.Authorized Broker/Dealers..................................................................................10 C.Competitive Environment ...................................................................................11 D.Delivery versus Payment....................................................................................11 E.Investment Policy Certification............................................................................11 VII.Safekeeping and Custody .......................................................................................11 A.Safekeeping and Custodial Agreements ............................................................11 B.Collateral Policy..................................................................................................11 VIII.Reporting .................................................................................................................12 A.Reporting Method...............................................................................................12 B.Compliance Audits..............................................................................................13 IX.Investment Policy and Adoption...............................................................................13 3 | P a g e INVESTMENT POLICY I. POLICY The City will conform to all federal, state, and local statutes, rules, and regulations governing the Investment Policy of the City of Anna (the “City”). It is the City’s policy to administer and invest its funds in a manner that will preserve the principal, maintain liquidity, and optimize earnings while meeting the daily cash flow requirements of the City and the guidelines to be followed in achieving its objectives. The City’s policy is to hold investments to maturity; however, securities may be sold in order to minimize the potential loss of principal and interest whose credit quality has declined; or to meet unanticipated liquidity needs of the City. The Policy and strategy shall be reviewed by the Investment Committee and City Council at least annually. Any modifications will be formally approved by the City Council. The Investment Policy, as approved, is in compliance with the provisions of the Public Funds Investment Act of the Texas Government Code Chapter 2256 (the “PFIA”). The Investment Policy addresses the methods, procedures and practices that must be exercised to ensure effective and judicious fiscal management of the City’s funds. II. SCOPE This policy applies to all financial assets and investment activities of all current funds of the City and any new funds created in the future, unless specifically exempt or excluded hereafter, will be administered in accordance with the objectives and restrictions set forth in this Investment Policy. These funds are accounted for in the City’s Annual Comprehensive Financial Report and include General Fund, Special Revenue Funds, Grant Funds, Debt Service Funds, Capital Project Funds, Enterprise Funds, Trust Funds, and the City’s component units. This policy does not apply to the assets administered for the benefit of the City by outside agencies under deferred compensation programs, retirement programs, or defeased bonds held in trust escrow accounts. Except for cash in certain restricted and special funds, the City will combine cash balances from all funds in a pooled fund group to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. In addition, all the bond fund proceeds (to include capital projects, debt service and reserve funds) will be managed by the governing debt ordinance and the provisions of the Internal Revenue Code applicable to the issuance of tax-exempt obligations and the investment of debt proceeds. III. INVESTMENT OBJECTIVE AND STRATEGY 4 | P a g e The primary objectives of the City’s investment activities, listed in priority order, shall be as follows: A. Preservation and Safety of Principal Preservation and safety of principal is the foremost objective of the City. Each investment transaction shall seek first to ensure that capital losses are avoided, whether they are from issuer defaults, erosion of market value, or other risks. The objectives will be to mitigate credit and interest rate risk. i. Credit Risk and Concentration of Credit Risk – The City will minimize credit risk, which is the risk of loss due to the failure of the issuer or backer, and concentration of credit risk, the risk of loss attributed to the magnitude of investment in a single issuer, by: •Limiting investments to the types listed in safest types of investments, •Pre-qualifying the financial institutions, broker/dealers, intermediaries, and advisers with which the City will do business, and •Diversifying the investment portfolio so that potential losses on individual securities will be minimized, as appropriate. ii. Interest Rate Risk – The City will minimize interest rate risk, which is the risk that the market value of securities in the portfolio will fall due to changes in market interest rates, by: •Limiting investments to the safest types of investments, •Structure the investment portfolio so that investments mature to meet cash requirements for ongoing operations, thereby avoiding the need to liquidate investments prior to maturity, and •Diversify maturities and staggering purchase dates to minimize the impact of market movements over time. B. Liquidity The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements that can be reasonably anticipated. This is accomplished by structuring the portfolio so that investments mature concurrent with cash needs to meet anticipated demands. Furthermore, since all possible cash demand cannot be anticipated, a portion of the portfolio will be invested in money market funds or local government investment pools that offer same-day liquidity and seek a stable $1.0000 NAV for short-term needs. C. Public Trust All employees involved in the City’s investment program shall seek to act responsibly as custodians of the public trust. Investment Officers shall at all times be cognizant of the standard of care and investment objectives and shall avoid any transaction that might impair public confidence in the City’s ability to govern effectively. 5 | P a g e D. Yield The investment portfolio of the City shall be designed to attain a market rate of return throughout budgetary and economic cycles taking into account risk constraints and liquidity needs. Return on investment, while important, is of less importance than safety and liquidity. The investment portfolio shall be designed with the objective of regularly exceeding the average rate of return on a rolling six- month U.S. Treasury Bill average yield. Funds held for future capital projects will be invested in investments that can reasonably be expected to produce enough income to offset inflationary costs increases. However, such funds will never be unduly exposed to market price risks that will jeopardize that asset’s availability to accomplish their stated goal or be invested in a manner inconsistent with applicable federal and state regulations. Yields on debt proceeds that are exempt from federal arbitrage regulations are subject to the arbitrage rebate regulations. The City will seek to preserve principal and optimize the yield of these funds in compliance with those regulations. However, it is understood that if the yield achieved by the City is higher than the arbitrage yield, positive arbitrage amounts shall be rebated to the federal government as required by current regulations. E. Strategy The City maintains pooled investments which are an aggregation of the majority of City funds including, but not limited to: tax receipts, enterprise funds, fine and fee revenues, special revenues, grants, and non-bond capital project funds. i. Operating Funds •Suitability - Any investment eligible in the Investment Policy is suitable for Operating Funds. •Safety of Principal - All investments shall be of high quality with no perceived default risk. Market price fluctuations may occur. However, by managing the weighted average days to maturity for the Operating Fund’s portfolio to less than 270 days and restricting the maximum allowable maturity to two years, the price volatility of the overall portfolio will be managed. •Liquidity - Operating Funds require the greatest short-term liquidity of any of the Fund types. Cash equivalent investments will provide daily liquidity and may be utilized as a competitive yield alternative to fixed maturity investments. •Marketability - Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash flow requirement. •Diversification - Investment maturities should be staggered throughout the budget cycle to provide cash flow based on the anticipated operating needs of the City. Market cycle risk will be reduced by diversifying the appropriate maturity structure out through two years. 6 | P a g e •Yield - Attaining a competitive market yield for comparable investment- types and portfolio restrictions is the desired objective. The yield of an equally weighted, rolling six-month Treasury bill portfolio will be the minimum yield objective. ii. Debt Service Funds – •Suitability - Any investment eligible in the Investment Policy is suitable for the Debt Service Funds. •Safety of Principal - All investments shall be of high quality with no perceived default risk. Market price fluctuations may occur. However, by managing Debt Service Funds to not exceed the debt service payment schedule the market risk of the overall portfolio will be minimized. •Liquidity - Debt Service Funds have predictable payment schedules. Therefore, investment maturities should not exceed the anticipated cash flow requirements. Cash equivalent investments may provide a competitive yield alternative for short-term fixed maturity investments. •Marketability - Securities with active and efficient secondary markets are not necessary as the event of an unanticipated cash flow requirement is not probable. •Diversification - Market conditions influence the attractiveness of fully extending maturity to the next “unfunded” payment date. Generally, if investment rates are anticipated to decrease over time, the City is best served by locking in most investments. If the interest rates are potentially rising, then investing in shorter and larger amounts may provide an advantage. At no time shall the debt service schedule be exceeded in an attempt to bolster yield. •Yield - Attaining a competitive market yield for comparable investment- types and portfolio restrictions is the desired objective. The yield of an equally weighted, rolling three-month Treasury bill portfolio shall be the minimum yield objective. iii. Capital Project Funds and Special Purpose Funds •Suitability - Any investment eligible in the Investment Policy is suitable for the Capital Project Funds and Special Purpose Funds. •Safety of Principal - All investments will be of high quality with no perceived default risk. Market fluctuations may occur. However, by restricting the maximum maturity to two years and by managing the Capital Project Funds and Special Purpose Funds to balance the short term and long-term anticipated cash flow requirements, the market risk of the portfolio will be managed. •Liquidity - Selecting investment maturities that provide greater cash flow than the anticipated needs and maintaining appropriate cash-equivalent balances will reduce the liquidity risk of unanticipated expenditures. •Marketability - The uncertaintly of Capital Project Funds and Special Purpose Funds outflows requires securities with active and efficient secondary markets. 7 | P a g e •Diversification - Investment maturities should blend the short-term and long- term cash flow needs to provide adequate liquidity, yield enhancement, and stability. •Yield - Attaining a competitive market yield for comparable investment- types and portfolio structures is the desired objective, however this portfolio maintains an investment strategy is comply with any applicable arbitrage or yield restriction regulations. IV. STANDARDS OF CARE A. Prudence The standard of prudence to be used by the Investment Officers shall be the “prudent person” rule. This rule states that “Investments shall be made with judgement and care, under prevailing circumstances, that a person of prudence, discretion and intelligence exercise in the management of the person’s own affairs, not for speculation, but for investment, considering the probable safety of their capital and the probable income to be derived”. The determination of whether an Investment Officer has exercised prudence with respect to an investment decision shall be applied in the context of managing an overall portfolio rather than a consideration as to the prudence of a single transaction. Investment Officers acting in accordance with written procedures and this Investment Policy and exercising due diligence shall be relieved of personal responsibility for an individual investment’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control unfavorable developments. B. Ethics and Conflict of Interest Each Investment Officer shall act as custodian of the public trust avoiding any transaction which might involve a conflict of interest, the appearance of a conflict of interest, or any activity which might otherwise discourage public confidence. An Investment Officer shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair his/her ability to make impartial investment decisions. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio and shall refrain from undertaking personal investment transactions with any individual with whom business is conducted on behalf of the City. Additionally, an Investment Officer shall file with the Texas Ethics Commission and the City Council a statement disclosing any material interest they hold in financial institutions with which they conduct business on behalf of the City or any relationship with an entity seeking to sell investments to the City or any relationship within the second degree by affinity 8 | P a g e or consanguinity to an individual seeking to sell investments to the City as determined under Chapter 573 of the Texas Government Code. C. Delegation of Authority i. Investment Officers and Training - The Assistant City Manager, Finance Director, and City ManagerAssistant Finance Director shall be the Investment Officers. The Investment Officers shall oversee and approve any deposit, withdrawal, investment, transfer, documentation, and otherwise manage City funds according to this Policy. No person may engage in an investment transaction or the management of funds except as provided under the terms of the Investment Policy, the investment strategies, and other operational procedures established by the Finance Director. As stipulated in the PFIA, in order to ensure qualified and capable investment management, within twelve (12) months after taking office or assuming duties, each Investment Officer shall attend training relating to his/her investment responsibilities and accumulate not less than ten (10) hours of instruction. On an ongoing basis, all Investment Officers shall receive not less than eight (8) hours of instruction in each subsequent two-year period that begins on the first day of the City's fiscal year and consists of the two consecutive fiscal years after that date. Training will be conducted by an independent source approved by the Investment Committee and must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with the Public Funds Investment Act. ii. Investment Committee - The Investment Committee will consist of the designated Investment Officers and shall monitor the investment activities; assist in the development of investment policies, strategies and procedures; and annually review and approve the City’s broker/dealers and independent training sources. D. Internal Control The Finance Director will establish and maintain a system of internal controls to ensure that the assets are protected from loss, theft, or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that the cost of a control should not exceed the benefits likely to be derived and the valuation of costs and benefits requires estimates and judgement by management. The internal controls deemed most important include, but are not limited to: •Avoidance of collusion •Separation of duties •Separating transaction authority from accounting and record-keeping •Custodial safekeeping 9 | P a g e •Clear delegation of authority •Documentation of transactions •Dual authorization of fed wire transfers •Compliance with investment policies •Accurate and timely investment reports •Documentation of investment bidding V. AUTHORIZED INVESTMENTS AND PARAMETERS A. Authorized Investments Funds of the City may be invested in the following instruments described below consistent with the PFIA and as authorized by this Policy. Investments not specifically listed below will not be permitted by this Policy. 1. Obligations of the United States government or its agencies and instrumentalities, including the Federal Home Loan Banks. 2. Other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, this State or the United States or their respective agencies and instrumentalities, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States. 3. Direct obligations of this State or its agencies and instrumentalities. 4. Obligations of Texas, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by at least one nationally recognized rating firm not less than A or its equivalent. 5. Certificates of Deposit, and other forms of deposit, issued in compliance with the PFIA, and insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Share Insurance Fund (NCUSIF) or their respective successors, or when applicable, collateralized in accordance with this Policy and the Public Funds Collateral Act that are issued by a depository institution that has its main office or a branch office in the state of Texas. 6. Repurchase agreements, with the execution of a Repurchase Agreement, placed and secured in compliance with the PFIA and, collateralized with a minimum market value of 102% of the dollar value of the transaction plus accumulated accrued interest. 7. SEC-registered, AAAm, or its equivalent, (as rated by Fitch, Moody's or Standard & Poor's), no-load money market mutual funds. The investment objective of the fund must be to maintain a stable dollar net asset value of $1.0000. The City may not invest funds under its control in an amount that exceeds 10% of total assets of any individual money market mutual fund. A fund prospectus shall be reviewed for compliance with this Policy prior to depositing monies. 8. Local government investment pools which meet the requirements of the PFIA, are rated no lower than AAA or an equivalent rating by at least one nationally 10 | P a g e recognized rating service, seek to maintain a $1.00 net asset value, and are authorized by resolution or ordinance by the City Council. B. Prohibited Investments The Investment Officers shall not knowingly permit City funds to be invested with any of the following investment instruments that are strictly prohibited: 1. Options trading or futures contracts 2. Hedging or purchasing any security that is not authorized by Texas State law 3. Any investment in asset backed or mortgage-backed securities 4. Any other restricted instruments or limitations that involve outright speculation. C. Investments with Required Ratings If an investment is downgraded below minimum required ratings, the City will take all prudent measures to liquidate the investment. D. Exemption for Existing Investments Any investment currently held that does not meet the guidelines of this Policy, but was authorized at the time of purchase, shall be exempted from the requirements of this Policy and Investment Officers shall not be required to liquidate the investment. At maturity or liquidation, such monies shall be reinvested only as provided by this Policy. VI. PRIMARY DEPOSITORY AND BROKER/DEALERS A. Primary Depository In compliance with Chapter 105, at least once every five years, a qualified depository shall be selected through the City’s banking services procurement process, which shall include a formal request for proposal and be consistent with state law. In evaluating depositories on the basis of the “most advantageous” for the City criteria, the service cost, hours of operation, yield on deposits, credit worthiness, location of depository, ability to meet service requirements and banking relationship of the institutions shall be considered. B. Authorized Broker/Dealers Broker/dealers are approved by the Investment Committee. At least once annually, the Investment Committee will review, revise, and adopt a list of authorized broker/dealers to engage in security transactions with the City. Those firms that become qualified may be required to provide information regarding creditworthiness, experience and reputation. Authorized firms may include primary dealers or regional dealers that qualify under Securities & Exchange Commission Rule 15C3-1 (Uniform Net Capital Rule). 11 | P a g e C. Competitive Environment The City requires a competitive environment for all individual security purchases and sales, financial institution time deposit and transaction accounts, and money market mutual fund, and local government investment pool selections. The Finance Director shall develop and maintain procedures for ensuring a competitive environment in the investment of the City’s funds. D. Delivery Versus Payment All security transactions must be settled on a delivery versus payment basis. That is, funds shall not be released or paid until verification has been made that the security was received by the City’s safekeeping agent. E. Investment Policy Certification All local government investment pools and discretionary investment management firms must sign a certification acknowledging that the organization has received and reviewed the City’s Investment Policy, and that reasonable procedures and controls have been implemented to preclude investment transactions that are not authorized by the City’s Policy. VII. SAFEKEEPING AND CUSTODY A. Safekeeping and Custodial Agreements The City shall contract with a safekeeping agent for the safekeeping of securities owned by the City as part of its investment portfolio. Securities owned by the City shall be held in the City’s account as evidenced by safekeeping receipts of the institution holding the securities. Safekeeping institutions shall be independent from the parties involved in the investment transaction. Collateral to secure financial institution deposits will be held by a third-party custodian designated by the City, the Federal Reserve Bank, branch of the Federal Reserve Bank, or a Federal Home Loan Bank and pledged to the City as evidenced by pledge receipts of the institution with which the collateral is deposited. B. Collateral Policy The City has established a collateral policy in compliance with Public Funds Collateral Act. Deposits secured with irrevocable letters of credit shall have 100% of principal plus anticipated interest of the deposit, less any amount insured by the FDIC or NCUSIF. Deposits secured by pledged marketable securities shall have a market value equal to greater than 102% of the deposits plus accrued interest less an amount insured by the FDIC or NCUSIF. Evidence of the pledged collateral 12 | P a g e shall be maintained by the Finance Director or designee and held by an independent party with whom the City has a current custodial agreement with. All financial institution deposits shall be insured or collateralized in compliance with applicable State law. The City reserves the right, in its sole discretion, to accept or reject any form of insurance or collateralization pledged towards financial institution deposits. Acceptable forms of collateral are limited to those authorized in the Public Funds Collateral Act. Any substitution of collateral must meet the requirements of the Public Funds Collateral Act, Public Funds Investment Act and this Investment Policy. Substitution of collateral must be approved by at least one Investment Officer of the City. Written notice must be provided to the bank or safekeeping agent prior to any security release. Collateral shall be reviewed on a regular basis to ensure the market value of the securities pledged equals or exceeds financial institution deposits. Financial institutions serving as City depositories will be required to sign a depository agreement with the City. The agreement shall address any concerns in relation to acceptable collateral, levels of collateral, substitution and addition of collateral, and reporting and monitoring of collateral. The collateralized deposit portion of the agreement shall define the City’s rights to the collateral in case of default, bankruptcy, or closing and shall establish a perfected security interest in compliance with Federal and State regulations, including: •The agreement must be in writing, •The agreement must be executed by the depository and the City contemporaneously with the acquisition of the asset, •The agreement must be approved by the Board of Directors or Designated Committee of the depository and a copy of the meeting minutes must be delivered to the City, and •The agreement must be part of the depository’s “official record” continuously since its execution. VIII. REPORTING A. Reporting Method The Investment Officers shall prepare and sign an investment report each quarter in compliance with the PFIA. This report will be prepared in a manner that will allow the City to ascertain whether investment activities during the reporting period have conformed to this Policy. The report will be provided to the City Council and will include the following: •A listing of individual investments held at the end of the reporting period, 13 | P a g e •Unrealized gains or losses resulting from appreciation or depreciation, by listing the beginning and ending book and market value of investments for the period, •Additions and changes to the market value during the period, •Average weighted yield to maturity of the portfolio, •Listing of investment by maturity date, •Fully accrued interest for the reporting period, •The percentage of the total portfolio that each type of investment represents, and •Statement of compliance of the City’s investment portfolio with State law and the Investment Policy (and incorporated Strategy) approved by the City Council. Weighted average yield to maturity shall be the portfolio’s performance measurement standard. In conjunction with the quarterly investment report, the Investment Officers will verify from reliable sources market value of all securities and the current credit rating for each investment that has a PFIA-required minimum rating. B. Compliance Audits In conjunction with the annual audit, the external auditor will perform a formal review of the quarterly reports with the results reported to the City Council. Also, in conjunction with the annual audit, the City will require the audit firm to conduct a compliance audit of the management controls on investments and adherence to investment policies. IX. INVESTMENT POLICY AND ADOPTION The Investment Policy and investment strategies shall be adopted by Resolution of the City Council. The Resolution so adopted shall record any changes made to either the Policy or the strategies. The City Council shall review the Investment Policy not less than annually. Item No. 6.f. City Council Agenda Staff Report Meeting Date: 10/22/2024 Staff Contact: Steven Smith AGENDA ITEM: Approve a Resolution authorizing the City Manager to execute purchase orders to Musco Sports Lighting, LLC, to install lighting system improvements on the Hackberry Water Tower. (Director of Public Works Steven Smith) SUMMARY: This item is to authorize the City Manager to execute purchase orders to Musco Sports Lighting, LLC to install lighting system improvements at the Hackberry Water Tower site. FINANCIAL IMPACT: Funding for this item is available in the FY2025 Public Works Water Operations portion of the Utility Fund budget in the amount of $135,000. BACKGROUND: The lighting of water towers in Anna is a distinct way to show support of community initiatives as directed by the City Council. The continued development along US 75 is decreasing the visibility of the Hackberry Tower lights when they are purple, blue, red, or green. The proper remedy is to install additional and more powerful lights, to make the intended colors stronger and more visible. This proposed project will update the lighting system to increase brightness and upgrade the controls to match the current system used on the Sherley Water Tower. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. Resolution - Authorizing City Manager to execute purchase orders for Hackberry Tower Lighting Improvements CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE ORDERS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY-FIVE THOUSAND DOLLARS AND NO CENTS ($135,000.00), TO MUSCO SPORTS LIGHTING, LLC, FOR THE INSTALLATION OF LIGHTING SYSTEM IMPROVEMENTS TO THE HACKBERRY WATER TOWER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Anna, Texas public water system includes an existing water tower located at the southeast corner of Hackberry Drive and Buddy Hayes Boulevard, said tower being known as the Hackberry Water Tower, and; WHEREAS, the Hackberry Water Tower has an existing lighting system which illuminates the tower at night in various colors to support local community interests, and; WHEREAS, the continued development of the US 75 corridor has resulted in the existing lighting system to be insufficient to properly display several intended tower colors, including purple, blue, red, and green, and; WHEREAS, the City of Anna is seeking to improve the lighting system to properly illuminate the tower in colors for the benefit of the Anna community, and; WHEREAS, Musco Sports Lighting, LLC, recently completed the successful Sherley Water Tower lighting project, demonstrating their capability to meet the project requirements, and; WHEREAS, the City of Anna is utilizing the BuyBoard contract with Musco Sports Lighting, LLC, in accordance with the Texas Local Government Code purchasing requirements, and; WHEREAS, the City of Anna will fund the project from the Water Operations portion of the Fiscal Year 2024-2025 Utility Fund operating budget, and; 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 Amendments. The City Council of the City of Anna, Texas, authorizes the City Manager to execute a purchase order in the amount not to exceed $135,000 to Musco Sports Lighting, LLC for the installation of lighting improvements at the Hackberry Water Tower. That the funds for the project shall come from the Water Operations portion of the Fiscal Year 2024-2025 Utility Fund operating budget. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of October 2024. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Pete Cain Exhibit A (following Page) Item No. 6.g. City Council Agenda Staff Report Meeting Date: 10/22/2024 Staff Contact: Steven Smith AGENDA ITEM: Approve a Resolution authorizing the City Manager to execute purchase orders in a fourth amendment to the Construction Manager at Risk contract for the construction of improvements at the Hurricane Wastewater Treatment Plant with Garney Construction. (Director of Public Works Steven Smith) SUMMARY: The item before the City Council is to execute the purchase orders in a fourth amendment to the Construction Manager at Risk contract. FINANCIAL IMPACT: Funding for the Hurricane Creek Regional Wastewater Treatment Plant project was appropriated beginning in the FY2023 Capital Improvement Program budget in the amount of $65 million in bond funds issued in 2022. Funds obligated to date total $60 million. The estimated cost for the construction and installation of the materials in this action is $11,908,591. Additional funding can be made available from the Wastewater Impact Fee Fund as needed. BACKGROUND: In July of 2023, the City Council of the City of Anna, Texas awarded the Construction Manager At Risk contract for the Hurricane Creek Regional Wastewater Treatment Plant project to Garney Construction (Resolution 2023-07-1495. The project is continuing to move forward, with each major component being reviewed and approved as "Amendments" to the contract, in order to provide formal authorizations. City staff worked with the design engineer (Kimley Horn) and Garney to prepare the site construction package for the bid. Garney has completed the bid process for the work, and is now ready to move forward with the construction team to begin construction of this portion of the scope. This item is required in the overall project, and was included in the original project design, construction scope, and budget. While the City Council has previously authorized the project, staff is bringing this to the City Council for formal approval due to the significance and cost of the work. Planning for the Hurricane Creek Regional Wastewater Treatment Plant project began in FY2022 as growth in the City of Anna and this area of North Texas made necessary a way to efficiently provide wastewater treatment services to the region. Permitting and design began and was paid for from the Wastewater Treatment Impact Fee fund. Later in 2022, $65 million in Combination Tax & Revenue Certificates of Obligation were issued to begin construction. A contract for Construction Manager at Risk (CMAR) was awarded to Garney in the amount of $12.4 million in July 2023. The second amendment to the CMAR contract in the amount of $18.6 million was approved by City Council in February 2024. The third amendment to the CMAR contract in the amount of $35,876,786. was approved by City Council in September 2024. Bid Package four is for the purchase of pre-selected wastewater treatment equipment. This bid package is the next step in the construction of the treatment plant. As the project continues to move forward additional portions of the project will be bid, and brought before the City Council for approval. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Amendment Proposal No. 4 2. Resolution -Garney (4) HURRICANE CREEK REGIONAL WATER RECLAMATION FACILITY & TEMPORARY TREATMENT FACILITY CITY OF ANNA Amendment Proposal No. 4 – Pre-Selected Equipment - Regional Water Treatment Facility SUBMITTED BY: GARNEY COMPANIES, INC. 1700 Swift Street North Kansas City, MO 64116 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com Steven Smith October 14, 2024 Director of Public Works 120 W 7th ST Anna, Texas 75409 RE: Hurricane Creek Regional Water Reclamation Facility & Temporary Treatment Facility Subject: Amendment Proposal No. 4 Transmittal Letter Mr. Smith, Garney Companies, Inc. is pleased to submit the attached Amendment Proposal No. 4 for the Hurricane Creek Regional Water Reclamation Facility & Temporary Treatment Facility for Council review and approval. This proposal is submitted per Paragraph 9.03 of the agreement between Garney Companies, Inc., and the City of Anna. This Amendment Proposal is for the following pre-selected equipment packages. PS 2.01 – WRF Huber Coarse Screen Procurement (46 21 13 – Multi-Rake Bar Screen) PS 2.02 – WRF Hydro International Headcell Procurement (46 23 00 – Grit Concentrator System) PS 2.03 – WRF Huber Drum Screen Procurement (46 21 33 – Fine Drum Screen) PS 2.04 – WRF Veolia UV System Procurement (46 66 56 – UV Disinfection Equipment) PS 2.05 – WRF Andritz Centrifuge Procurement (46 76 33 – Dewatering Centrifuges) PS 2.06 – WRF Kubota MBR Procurement (46 53 49 – MBR System) Garney is excited to start construction and be an integral part of this project for the City of Anna. Please contact Garney directly if there are any questions regarding this Amendment Proposal. Sincerely, GARNEY COMPANIES, INC. Jeremy Miller Project Manager CC: Patrick Vidonish – Garney Mark Miner – Garney Kyle Kubista – Kimley-Horn 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com TABLE OF CONTENTS Transmittal Letter Table of Contents Tab 1 Executive Summary Tab 2 List of Drawings, Specifications and Other Contract Documents Tab 3 Description of Variations, Substitutions, Clarifications and Assumptions Tab 4 Cost of Work Breakdown Tab 5 Schedule Information Tab 6 Other Documentation Tab 1 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com Steven Smith October 14, 2024 Director of Public Works 120 W 7th ST Anna, Texas 75409 RE: Hurricane Creek Regional Water Reclamation Facility & Temporary Treatment Facility Subject: Executive Summary – Amendment Proposal No. 4 Mr. Smith, In accordance with the Agreement between Garney Companies, Inc., and the City of Anna, Garney is pleased to provide attached proposal in the amount of $11,908,591.00 (Per the attached Cost of Work Breakdown) for the Hurricane Creek Regional Water Reclamation Facility & Temporary Treatment Facility, and requests that the City of Anna authorize this by amendment to the Original Agreement. Garney is submitting this proposal, with attachments listed in the Table of Contents, in accordance with the paragraph 9.03 of the Construction Manager at Risk Services Agreement for the Hurricane Creek Regional Water Reclamation Facility & Temporary Treatment Facility. This proposal includes the following scope of work. PS 2.01 - WRF Huber Coarse Screen Procurement (46 21 13 – Multi-Rake Bar Screen) – The procurement of two (2) Center Flow Multiple Rake Bar Screens, two (2) WAP 2 and Control Panels manufactured by Huber Technology, Inc. This package includes procurement, fabrication, delivery, and startup services. Installation of the equipment will be included in a forthcoming bid package. PS 2.02 – WRF Hydro International Headcell Procurement (46 23 00 – Grit Concentrator System) – The procurement of the Grit Concentrator System manufactured by Hydro International. This package includes procurement, fabrication, delivery, and startup services. Installation of the equipment will be included in a forthcoming bid package. PS 2.03 – WRF Huber Drum Screen Procurement (46 21 33 – Fine Drum Screen) – The procurement of two (2) rotating perforated plate channel-mounted Drum Screen LIQUID star 2200/2 3300, two (2) Huber Launder Channel HLC 300 and two (2) Huber Micro Strainer Ro9 500 manufactured by Huber Technology, Inc. This package includes procurement, fabrication, delivery, and startup services. Installation of the equipment will be included in a forthcoming bid package. PS 2.04 – WRF Veolia UV System Procurement (46 66 56 – UV Disinfection Equipment) – The procurement of the Ultraviolet Disinfection Equipment manufactured by Veolia Water Technologies Treatment Solutions USA, Inc. This package includes procurement, fabrication, delivery, and startup services. Installation of the equipment will be included in a forthcoming bid package. PS 2.05 – WRF Andritz Centrifuge Procurement (46 76 33 – Dewatering Centrifuges) – The procurement of Dewatering Centrifuges, Conveyors, Polymer Blending System, Bulk Storage and associated controls manufactured by Andritz Separation Technologies Inc. This package includes procurement, fabrication, delivery, and startup services. Installation of the equipment will be included in a forthcoming bid package. PS 2.06 – WRF Kubota MBR Procurement (46 53 49 – MBR System) – The procurement of the MBR System for the 2 MGD plant manufactured by Kubota Membrane USA. This package includes procurement, fabrication, delivery, and startup services. Installation of the equipment will be included in a forthcoming bid package. Upon approval and receipt of an amendment to the Original Agreement, Garney will finalize contract negotiations with suppliers/subcontractors as applicable to move forward with the procurement of this equipment in accordance with the requirements of the agreement. The price included in this proposal is contingent upon Garney being able to successfully enter into a contract with the supplier/subcontractor. Future Amendments will be forthcoming and will include Bid Packages for the Regional Water Reclamation Facility. Please contact Garney directly if there are any questions regarding the Preselected Package, Cost of Work or associated Construction Manager at Risk fees included in this proposal. Sincerely, GARNEY COMPANIES, INC. Jeremy Miller Project Manager Cc: Patrick Vidonish - Garney Mark Miner – Garney Kyle Kubista – Kimley-Horn Tab 2 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com TAB 2 – LIST OF DRAWINGS AND SPECIFICATIONS AND OTHER CONTRACT DOCUMENTS Drawings: Hurricane Creek Regional Water Reclamation Facility – 100% Design – Dated July 2024. Specifications: Hurricane Creek Regional Water Reclamation Facility – 100% Technical Specifications – Sealed July 2024. Other Documents: · Huber Technology, Inc.’s proposal for Anna, TX Coarse Screen Procurement dated August 5, 2024. · Hydro International’s proposal for Anna, TX Headcell Procurement dated October 10, 2024. · Huber Technology, Inc.’s proposal for Anna, TX Drum Screen Procurement dated August 5, 2024. · Veolia Water Technologies Treatment Solutions USA, Inc.’s proposal for Anna, TX UV System Procurement dated October 11, 2024. · Andritz Separation Technologies, Inc.’s proposal for Anna, TX Centrifuge Procurement dated October 1, 2024 · Kubota Membrane USA’s proposal for Anna, TX Temporary Package MBR System dated August 9, 2024. Tab 3 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com TAB 3 – DESCRIPTION OF VARIATIONS, SUBSTITUTIONS, CLARIFICATIONS AND ASSUMPTIONS PROPOSED TO THE DRAWINGS AND SPECIFICATIONS. Clarifications: Drawings: 1. Sheet M-400 through M-408. a. Garney takes exception to these drawings in their entirety. 2. Sheet M-500 through M-512 a. Garney takes exception to these drawings in their entirety. 3. Sheet M-800 through M-805 a. Garney takes exception to these drawings in their entirety. 4. Sheet M-900 through M-904. a. Garney takes exception to these drawings in their entirety. Specifications: 1. Section 46 21 13 – Multi-Rake Bar Screen a. Garney takes exception to this section in its entirety. 2. Section 46 21 33 – Fine Drum Screen a. Garney takes exception to this section in its entirety. 3. Section 46 23 00 – Grit Concentrator a. Garney takes exception to this section in its entirety. 4. Section 46 53 49 – MBR System a. Garney takes exception to this section in its entirety. 5. Section 46 66 56 – Ultraviolet Disinfection Equipment a. Garney takes exception to this section in its entirety. 6. Section 46 76 33 – Dewatering Centrifuges, Conveyors, Polymer Blending System, and Bulk Storage a. Garney takes exception to this section in its entirety. 7. Section 40 61 00 – I&C General Requirements a. Garney takes exception to this section in its entirety. 8. Section 40 67 00 – I&C Control Panels a. Garney takes exception to this section in its entirety. This Amendment Proposal is based solely on the proposals listed below: •Huber Technology, Inc.’s proposal for Anna, TX Coarse Screen Procurement dated August 5, 2024, including all Qualifications, Assumptions and Exclusions included therein. (See Tab 6) •Hydro International’s proposal for Anna, TX Headcell Procurement dated October 10, 2024, including all Qualifications, Assumptions and Exclusions included therein. (See Tab 6) •Huber Technology, Inc.’s proposal for Anna, TX Drum Screen Procurement dated August 5, 2024, including all Qualifications, Assumptions and Exclusions included therein. (See Tab 6) •Veolia Water Technologies Treatment Solutions USA, Inc.’s proposal for Anna, TX UV System Procurement dated October 11, 2024, including all Qualifications, Assumptions and Exclusions included therein. (See Tab 6) •Andritz Separation Technologies, Inc.’s proposal for Anna, TX Centrifuge Procurement dated October 1, 2024, including all Qualifications, Assumptions and Exclusions included therein. (See Tab 6) •Kubota Membrane USA’s proposal for Anna, TX Temporary Package MBR System dated August 9, 2024, including all Qualifications, Assumptions and Exclusions included therein. (See Tab 6) Exclusions: 1. Installation of equipment. (Installation will be included in a forthcoming bid package) 2. See all exclusions listed in the above proposals. Tab 4 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com TAB 4 – COST OF WORK BREAKDOWN. BIDPACKAGEDESCRIPTIONQUANTITY UNIT UNIT PRICE EXTENSIONPS 2.01 WRF HUBER PROCUREMENT (46 21 13 - MULTI-RAKE BAR SCREEN)1.0 Lump Sum 1,010,505.00$ 1,010,505.00$ PS 2.02 WRF HYDRO INTERNATIONAL HEADCELL PROCUREMENT (46 23 00 - GRIT CONCENTRATOR SYSTEM) 1.0 Lump Sum 686,100.00$ 686,100.00$ PS 2.03 WRF HUBER DRUM SCREEN PROCUREMENT (46 21 33 - FINE DRUM SCREEN)1.0 Lump Sum 1,471,590.00$ 1,471,590.00$ PS 2.04 WRF VEOLIA UV SYSTEM PROCUREMENT (46 66 56 - UV DISINFECTION EQUIPMENT) 1.0 Lump Sum 529,830.00$ 529,830.00$ PS 2.05 WRF ANDRITZ CENTRIFUGE PROCUREMENT (46 76 33 - DEWATERING CENTRIFUGES) 1.0 Lump Sum 1,799,300.00$ 1,799,300.00$ PS 2.06 WRF KUBOTA MBR PROCUREMENT (46 53 49 - MBR SYSTEM)1.0 Lump Sum 4,125,000.00$ 4,125,000.00$ -$ BID PACKAGE SUBTOTAL 9,622,325.00$ -$ -$ -$ -$ -$ ALLOWANCES SUBTOTAL -$ CMAR GENERAL CONDITIONS12.00% % of BP & ALLOW 9,622,325.00$ 1,154,679.00$ CMAR CMAR FEE8.00% % of ALL COW 10,777,004.00$ 862,161.00$ CMAR CMAR CONTINGENCY2.50% % of ALL COW 10,777,004.00$ 269,426.00$ CMAR FEES SUBTOTAL 2,286,266.00$ AMENDMENT PROPOSAL NO. 4 TOTAL 11,908,591.00$ HURRICANE CREEK REGIONAL WATER RECLAMATION FACILITY & TEMPORARY TREATMENT FACILITYAMENDMENT PROPOSAL NO. 4 SUMMARY PS 2.01ITEMBID DESCRIPTIONQUANTITY UNIT UNIT PRICE EXTENSION1.00 WRF HUBER PROCUREMENT (46 21 00 - MULTI-RAKE BAR SCREEN) - PER HUBER'S PROPOSAL 1.0 Lump Sum 1,010,505.00$ 1,010,505.00$ 2.00-$ 3.00-$ 4.00-$ 5.00-$ ADDITIONAL ITEMSQUANTITY UNIT BID PACKAGE SUBTOTAL 1,010,505.00$ 1.00 SUPPLY BOND - INCLUDED IN THE COST ABOVE1.0 Lump Sum -$ -$ 2.00-$ 3.00-$ 4.00-$ 5.00-$ ADDITIONAL ITEMS SUBTOTAL -$ BID PACKAGE TOTAL COST 1,010,505.00$ WRF HUBER PROCUREMENT (46 21 13 - MULTI-RAKE BAR SCREEN) PS 2.02ITEMBID DESCRIPTIONQUANTITY UNIT UNIT PRICE EXTENSION1.00 WRF HYDRO INTERNATIONALPROCUREMENT (46 23 00 - GRIT CONCENTRATOR SYSTEM) - PER HYDRO'S PROPOSAL 1.0 Lump Sum 686,100.00$ 686,100.00$ 2.00-$ 3.00-$ 4.00-$ 5.00-$ ADDITIONAL ITEMSQUANTITY UNIT BID PACKAGE SUBTOTAL 686,100.00$ 1.00 SUPPLY BOND - INCLUDED IN THE COST ABOVE1.0 Lump Sum -$ -$ 2.00-$ 3.00-$ 4.00-$ 5.00-$ ADDITIONAL ITEMS SUBTOTAL -$ BID PACKAGE TOTAL COST 686,100.00$ WRF HYDRO INTERNATIONAL HEADCELL PROCUREMENT (46 23 00 - GRIT CONCENTRATOR SYSTEM) PS 2.03ITEMBID DESCRIPTIONQUANTITY UNIT UNIT PRICE EXTENSION1.00 WRF HUBER DRUM SCREEN PROCUREMENT (46 21 33 - FINE DRUM SCREEN) - PER HUBER'S PROPOSAL 1.0 Lump Sum 1,471,589.76$ 1,471,590.00$ 2.00-$ 3.00-$ 4.00-$ 5.00-$ ADDITIONAL ITEMSQUANTITY UNIT BID PACKAGE SUBTOTAL 1,471,590.00$ 1.00 SUPPLY BOND - INCLUDED IN THE COST ABOVE1.0 Lump Sum -$ -$ 2.00-$ 3.00-$ 4.00-$ 5.00-$ ADDITIONAL ITEMS SUBTOTAL -$ BID PACKAGE TOTAL COST 1,471,590.00$ WRF HUBER DRUM SCREEN PROCUREMENT (46 21 33 - FINE DRUM SCREEN) PS 2.04ITEMBID DESCRIPTIONQUANTITY UNIT UNIT PRICE EXTENSION1.00 WRF VEOLIA UV SYSTEM PROCUREMENT (46 66 56 - UV DISINFECTION EQUIPMENT) - PER VEOLIA'S PROPOSAL 1.0 Lump Sum 529,830.00$ 529,830.00$ 2.00-$ 3.00-$ 4.00-$ 5.00-$ ADDITIONAL ITEMSQUANTITY UNIT BID PACKAGE SUBTOTAL 529,830.00$ 1.00 SUPPLY BOND - INCLUDED IN THE COST ABOVE1.0 Lump Sum -$ -$ 2.00-$ 3.00-$ 4.00-$ 5.00-$ ADDITIONAL ITEMS SUBTOTAL -$ BID PACKAGE TOTAL COST 529,830.00$ WRF VEOLIA UV SYSTEM PROCUREMENT (46 66 56 - UV DISINFECTION EQUIPMENT) PS 2.05ITEMBID DESCRIPTIONQUANTITY UNIT UNIT PRICE EXTENSION1.00 WRF ANDRITZ CENTRIFUGE PROCUREMENT (46 76 33 - DEWATERING CENTRIFUGES) - PER ANDRITZ'S PROPOSAL 1.0 Lump Sum 1,799,300.00$ 1,799,300.00$ 2.00-$ 3.00-$ 4.00-$ 5.00-$ ADDITIONAL ITEMSQUANTITY UNIT BID PACKAGE SUBTOTAL 1,799,300.00$ 1.00 SUPPLY BOND - INCLUDED IN THE COST ABOVE1.0 Lump Sum -$ -$ 2.00-$ 3.00-$ 4.00-$ 5.00-$ ADDITIONAL ITEMS SUBTOTAL -$ BID PACKAGE TOTAL COST 1,799,300.00$ WRF ANDRITZ CENTRIFUGE PROCUREMENT (46 76 33 - DEWATERING CENTRIFUGES) PS 2.06ITEMBID DESCRIPTIONQUANTITY UNIT UNIT PRICE EXTENSION1.00 WRF KUBOTA MBR PROCUREMENT (46 53 49 - MBR SYSTEM) - PER KUBOTA'S PROPOSAL 1.0 Lump Sum 4,125,000.00$ 4,125,000.00$ 2.00-$ 3.00-$ 4.00-$ 5.00-$ ADDITIONAL ITEMSQUANTITY UNIT BID PACKAGE SUBTOTAL 4,125,000.00$ 1.00 SUPPLY BOND - INCLUDED IN THE COST ABOVE1.0 Lump Sum -$ -$ 2.00-$ 3.00-$ 4.00-$ 5.00-$ ADDITIONAL ITEMS SUBTOTAL -$ BID PACKAGE TOTAL COST 4,125,000.00$ WRF KUBOTA MBR PROCUREMENT (46 53 49 - MBR SYSTEM) Tab 5 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com TAB 5 – SCHEDULE INFORMATION. 1. Additional schedule information is forthcoming. Lead times associated with these procurements are shown in each proposal. Tab 6 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com TAB 6 – OTHER DOCUMENTATION Proposal for PS 2.01 – WRF Huber Coarse Screen Procurement (46 21 13 – Multi-Rake Bar Screen) Proposal for PS 2.02 – WRF Hydro International Headcell Procurement (46 23 00 – Grit Concentrator System) Proposal for PS 2.03 – WRF Huber Drum Screen Procurement (46 21 33 – Fine Drum Screen) Proposal for PS 2.04 – WRF Veolia UV System Procurement (46 66 56 – UV Disinfection Equipment) Proposal for PS 2.05 – WRF Andritz Centrifuge Procurement (46 76 33 – Dewatering Centrifuges) Proposal for PS 2.06 – WRF Kubota MBR Procurement (46 53 49 – MBR System) 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com TAB 6 – OTHER DOCUMENTATION PS 2.01 – WRF Huber Coarse Screen Procurement (46 21 13 – Multi-Rake Bar Screen) Equipment: HUBER Multi-Rake Bar Screen: RakeMax-CF® Represented by: Environmental Improvements Fred Willms (214) 783-7507 fwillms@ei2water.com Regional Sales Director: Johan van Ettekoven (704) 677-3714 johan.vanEttekoven@hhusa.net Project Number: Spec. Section(s): Addenda: Revision: Scope Date:HUBER Technology, Inc. Bid Date:11/31/2020 1009 Airlie Pkwy, Denver, NC 28037 704-949-1010 | www.huber-technology.com Hurricane Creek - Anna, TX 484061 46 21 13 0 8/5/2024 0FIRM PROPOSAL Design Information Screen Details Screenings Treatment Details 330.2 1447.8 91.44 1117.6 88 1402 mm mm mm mm l/s l/s in in in in MGD MGD ft ft ft 13.00 57.00 3.6 44.00 2.00 32.00 6.00 6.00 Max. Screenings Capacity 140 ft3/hr [4m3/hr] Wash water demand 127 gpm [1.01 l/s] Wash water pressure 30-60 psi [2-4 bar] Dewatering Piece Not included Water Manifold Mounted to body; 304L stainless steel construction with four (4) solenoid valves, Bürkert, brass-bodied, C1D1, 120VAC Upper Sprocket & Bearing 304L stainless steel, split; greasable flange bearings Body Material 304L stainless steel construction; pickled and passivated in acid bath Screw Auger Shafted; 304L stainless steel construction with stainless-backed nylon brush in wash & compaction zones Drain 304L stainless steel construction; inspection hatch U-shaped; 304L stainless steel construction; 56in height above invert Chains 316L links with ANSI-431 pins & polyamide rollers Material 304L stainless steel construction; pickled and passivated in acid bath Discharge Height Above Invert 9.16 ft [2793mm] Approximate Weight 3767 lbs [1712kg] Project Technical Data MetricImperial mm 1829 1829 914 1981 OutdoorEquipment Environment 6.50 3.00 ft Baldor/ Bauer 5.0HP, C1D1, 480VAC, 3 phase, 60Hz, SF 1.15 (auger) Average Daily Flow (ADF) per Screen Downstream Water Level During PHF Peak Hourly Flow (PHF) per Screen mm mm mm Screen Model RakeMax-CF® 2793x900x875/6 Quantity 2 Clear Spacing Between Bars 0.25 in [6mm] Bar Profile Rectangular, 4/20mm Inclination from Horizontal 90° Sieve Width (Parallel w/ Flow) 34.45 in [875mm] Screening Bars Inlet Hopper Adder(s) Baffle Plate for each screen 5mm perforations; inspection ports with flanged drain connection Anchor Bolts M12, 316L stainless steel Rakes 304L stainless steel; replaceable Discharge Scraper Polyethylene blade Motor Data Baldor/ Bauer BK40 1.5HP, VFD, C1D1, 480VAC, 3 phase, 60Hz, SF 1.0 Anchor Bolts M12 316 stainless steel Level Control Device(s) VEGAPULS differential with two (2) sensors (per screen) Supports Included, as required or shown in HUBER installation drawing Wash/Compactor Model WAP® L 4 Quantity 2 Hopper Level Device Discharge Pipe Tapered, conical pipe flanged connection Motor Data Not included Approach Channel Width (if Applicable) Chamber Opening 35.43 in [900mm] Downstream Water Level During ADF Maximum Upstream Water Level Maximum Headloss During PHF* Approximate weight (empty) 750 lbs [341 kg] Channel Width (@ Screen) Channel Depth Channel Invert to Operating Deck EL Page 2 Screenings Conveyance Details Control Details Detail A: RakeMAX - Main Control Panel: (Qty:2) Power Supply: 480VAC-3PH-60HZ Panel Classification: NONE Panel Location: Outdoors, Direct Sun 1 - Enclosure, NEMA 4X, 304 Stainless Steel, Wall Mount w/ 3-PT Latch 1 - Enclosure, Corrosion Inhibitors 1 - Main Disconnect, Circuit Breaker Type w/Door Mounted Handle 1 - Variable Frequency Drive, Altivar 320 Series, w/MSP Branch Circuit Protection [2HP - Max, Screen] 1 - Control Power Transformer, 480-120VAC 1 - Surge Protection, 120VAC 1 - Programmable Logic Controller, A-B Micro850 Series w/ Ethernet and Required IO 1 - Operator Interface Unit, A-B PanelView 800, 4" Color Touchscreen 1 - Power Supply, 24VDC 1 - Panel Heater, with Thermostat 1 - Lot, Circuit Breakers, 120VAC: [As Required] 1 - Lot, Pilot Lights, PTT LED Type: [As Required] 1 - Lot, Push Buttons: [As Required] 1 - Lot, Selector Switches: [As Required] 1 - Lot, Control Relays, Socket Type: [As Required] 1 - Lot, Terminal Blocks: [As Required] 1 - Lot, Intrinsically Safe Barrier: [Prox. Switch, Home Switch] 1 - Lot, Dry Contacts: [As Required] 1 - UL Label Detail B: Dual WAP - Main Control Panel: (Qty:1) Power Supply: 480VAC-3PH-60HZ Panel Classification: NONE Panel Location: Outdoors, Direct Sun 1 - Enclosure, NEMA 4X, 304 Stainless Steel, Wall Mount w/ 3-PT Latch 1 - Enclosure, Corrosion Inhibitors 1 - Main Disconnect, Circuit Breaker Type w/Door Mounted Handle 2 - Motor Starter, Reversing, w/Overload Relay and CB Branch Circuit Protection [1.5HP - Max, Press] 2 - Current Monitor 2 - 120VAC Power and Control Circuits for Actuated Knife Gates 1 - Control Power Transformer, 480-120VAC 1 - Surge Protection, 120VAC 1 - Programmable Logic Controller, A-B Micro850 Series w/ Ethernet and Required IO 1 - Operator Interface Unit, A-B PanelView 800, 4" Color Touchscreen 1 - Power Supply, 24VDC 1 - Panel Heater, with Thermostat 1 - Lot, Circuit Breakers, 120VAC: [As Required] Supports Floor-mounted, as required Inlet Hopper(s) One (1); 304L stainless steel construction; inspection hatch included Discharge Type Into Top of WAP Flush Water Valve One (1) solenoid valve Slope [°] 1.0 Trough Material 304L stainless steel construction; pickled and passivated in acid bath Covers Included; 304L stainless steel construction Max. Water Demand (each) 63 gpm Anchor Bolts M12, 316L stainless steel Adder(s) 12" Actuated Knife Gate per WAP (2 Total) Sluice Model HLC 300 Quantity 1 Controls Page 3 1 - Lot, Pilot Lights, PTT LED Type: [As Required] 1 - Lot, Push Buttons: [As Required] 1 - Lot, Selector Switches: [As Required] 1 - Lot, Control Relays, Socket Type: [As Required] 1 - Lot, Terminal Blocks: [As Required] 1 - Lot, Dry Contacts: [As Required] 1 - UL Label Detail C1: Screen Control Station: (QTY:2): Panel Classification: Class 1, Div. 1 1 - Enclosure, NEMA 7, Cast Aluminum 1 - Lot, Selector Switches: - Screen HOA - Screen FOR 1 - Lot, Push Buttons: - Emergency Stop Detail C2: Press Control Station: (QTY:2): Panel Classification: Class 1, Div. 1 1 - Enclosure, NEMA 7, Cast Aluminum 1 - Lot, Selector Switches: - Press HOA - Press FOR 1 - Lot, Push Buttons: - Emergency Stop Detail C3: Sluice Control Station: (QTY:2): Panel Classification: Class 1, Div. 1 1 - Enclosure, NEMA 7, Cast Aluminum 1 - Lot, Selector Switches: - SOV HOA 1 - Lot, Push Buttons: - Emergency Stop Six (6) Guide Bars Two (2) Cleaning Brush Three (3) Solenoid Valve Rebuild Kit Proximity Switch Spare Parts Freight and Startup Services 3 trip, 8 days Startup services for installation inspection and startup supervision. Two (2) Wipers with mounting hardware Two (2) Freight to jobsite. Two (2) Set of Rake Plates Two (2) Lower Bearing Assemblies Page 4 Pricing This proposal has been reviewed for accuracy and approved for issue by: CD Project Clarifications 2.01 - HUBER is providing a RakeMax-CF model 2793x900x875/6. 2.02 - See below chart for updated Performance and Design Requirements based off of last call and plans. Two (2) Year Warranty Included 2 Included 3 Included HUBER is offering our well-proven RakeMax-CF, WAP-L., and HLC 300. HUBER's offering is designed to meet the performance requirements and intent of the specification. HUBER's equipment differs in construction from the specification, including (but not limited to) the following: Section 46 21 13 Spare Parts HUBER Control Panel Included 2 3 trip, 8 days Included TOTAL: Freight and Startup Services As stated in discussion with engineer - Contractor to supply the imbedded and vertical piping for the sluice. HUBER only to supply sluice from screen above grade and sluice above the two WAPs. Please see highlighted plans to see the sluice portion that is supplied by HUBER. Supply Bond Included Pricing 2 Included Quantity HUBER Launder Channel HUBER Wash Press HUBER Multi-Rake Bar Screen Equipment HLC 300 WAP® L 4 RakeMax-CF® 2793x900x875/6 Model Included $1,010,505.00 Page 5 General Notes 1. 2. HUBER is in receipt of the following addenda: No addenda.. 3. 4. 5. 6. 7. 8. 9. 10.HUBER's standard submittal documents, programming, testing procedure and O&M documentation are included. HUBER Firm Proposal is based on equipment section 46 21 13. All electrical interconnections, wirings, junction boxes, and terminations between the equipment and electrical components are to be provided by installing contractor. Any item not specifically listed is not considered part of this scope of supply. Please contact the HUBER Technology representative listed for further clarification. A fully functioning and programmed HMI/PLC will be delivered to site. Screens and symbols used on the HMI are based on HUBER's standard unless otherwise noted. Software licenses for the PLC/HMI program will not be included in this scope of supply unless stated otherwise. These items are available for additional price adder upon request. The Control Panel is based on the specification provided and inclusive to meet the requirements of a Vendor designed panel, whereas the components and the factory testing of the panel will meet HUBER's requirements for function and warranty. Additional requirements or sections of the specification to meet local authority requirements or control panels designs unrelated to the equipment section, including special labeling, testing, or integration have not been included. HUBER Technology, Inc. is offering the equipment and associated performance guarantees based on information available at the time of the issuance date. Information not made available to HUBER, whether HUBER is asking for specific information or not, which could affect the performance of the equipment might void warranty and performance guarantees. HUBER will ship all equipment to site inside of 20’, 40’ or 40’OT ocean containers as deemed appropriate by our factory. HUBER will not ship any equipment on flatbed truck. Flatbed truck shipping means that the equipment would need to be transferred at port from factory packaged containers to the flatbed. This process it out of HUBER’s control and it is our experience that equipment always gets damaged during this process. The standard HUBER motor and gearbox paint treatment is designed to meet the requirements of the ISO 12944-2 Standard. The paint system will consist of one coat of primer of the MG1500 series, autophoretic, e-coat, or powder coat per 004824-007BY, and a final coat of two-component, solvent based epoxy paint in the MG1025 series. Motors painted under this spec will receive a coating with a total DFT in the range of 3.0 to 5.5 mils, (80 to 140 microns). Other paint specifications described in the sections covered by this proposal shall be superseded by this above described paint specification. Page 6 Additional Information Pertinent to HUBER Quotation Special Information and Exceptions • Price does not include any unloading or any applicable fees or taxes (Local, Federal, or Final Destination) • Prices are in U.S. Dollars unless noted otherwise • Freight is delivered with duty paid (D.D.P.) to Job site • Price does not include installation or building modifications • Submittals HUBER will provide documentation to the Purchaser per the following schedule: • • Three (3) copies or the quantity stipulated in the equipment specification of HUBER O&M manuals prior to equipment start-up. Shipment HUBER will make all reasonable efforts to maintain the following schedule: • Submittals 6-8 weeks after acceptance of a written purchase order. • Standard delivery is 24-30 weeks from approval of submittals. • O&M manuals prior to equipment start-up. Accessories Abrasion or Corrosive Materials •Maximum Chloride for V2A (304, 304L)*100 mg/L •Maximum Chloride for V4A (316L, 316Ti)*400 mg/L •Maximum Chloride for V4A (316L, 316Ti)**250 mg/L •pH Value of the Wastewater/Washwater >6.5 •Iron Content in Washwater <0.50 mg/L * no hydrogen sulphide in the area of the stainless steel ** with a maximum hydrogen sulphide content of 6 ppm Machines made from 316 grade stainless steel are available at an additional price for extremely harsh operating environments upon request. This Budgetary Pricing Quotation is valid for thirty (30) days from the date of this Scope or until withdrawn by HUBER Technology, Inc. (hereinafter “HUBER”). Five (5) copies or the quantity stipulated in the equipment specification of submittal shop drawings 4-6 weeks after acceptance of a written purchase order. This Proposal includes only those items specifically mentioned in the equipment descriptions. Any items which may be necessary for the operation of the equipment, but are not specifically mentioned, such as motors, drives, controls, or supports, are to be supplied via additional quotation separate from this offering. All of HUBER’s machines and systems are manufactured from 304L or 316L grade stainless steel. The environment or materials the equipment may be exposed to may be abrasive or corrosive. This Proposal makes no representation or warranties concerning the service life of the equipment against such abrasion or corrosion. The concentration of chloride and hydrogen sulfide (H2S) in the equipment operating environment shall be kept below the following values: Page 1 of 2 Huber Technology, Inc. Attachment Garney Companies Purchase Order Conditions Purchase Order No. 0659RXXX Project: Hurricane Creek Regional Reclamation Water Facility & Temporary Treatment Facility Garney Project No. ____ This Attachment shall amend and / or supplement the terms of the “Garney Companies Purchase Order Conditions” as follows. All the terms and conditions of the “Garney Companies Purchase Order Conditions” not so amended and / or supplemented as expressly set forth in this Attachment shall remain in full force and effect: Garney Companies Purchase Order Conditions 1. Paragraph 6 – In the second sentence of the paragraph, delete “servants” after “on the part of the Vendor, its subcontractors, agents,” and before “or employees, during the performance of this Agreement, . . .” 2. Paragraph 7 – Add the following to the end of the paragraph, “Vendee shall have the right to terminate this Agreement or any part thereof for its convenience upon written notice to Vendor. If Vendee cancels this Purchase Order for its convenience upon giving of written notice to Vendor, in no event shall Vendor be entitled to consequential damages or loss of profits or for any amounts for Work or Services not performed. If Vendee terminates for convenience, but the prime contract is not terminated or cancelled, Vendor shall be entitled to be paid all costs actually incurred in the manufacture of the Products provided and approved hereunder, including reasonable and necessary costs of cancellation up to the time of cancellation. Should the Owner terminate the prime contract with Vendor or any part which includes Vendor’s Work or Services for its convenience, then this Agreement shall be likewise terminated upon written notice to Vendor. In the event of an Owner termination for convenience, then the provisions of Paragraph 21 shall govern and control. If Vendee were to suspend or modify this order, Vendee and Vendor shall coordinate on a new date of supply or services but not beyond 14 days after the original date unless otherwise agreed by the parties. If supply or delivery of material is beyond the revised date and not at the fault of the Vendor, Garney shall be liable for storage fees. 3. Article 22 – Delete the first sentence of the paragraph and replace with the following: “The Agreement shall be construed and enforced in accordance with the laws of the state of North Carolina.” Attachment B Purchase Order Insurance 1. Paragraph 6 – Delete this paragraph in its entirety and replace with “Not used” [for the avoidance of doubt, paragraph 6.1 shall not be modified or deleted] Attachment “P” Purchase Order Special Terms and Conditions 1. Paragraph 4.c. – Delete the paragraph in its entirety and replace with “Not used”. 2. Paragraph 4.e. – Delete the first sentence of the paragraph and replace with the following: “Resubmittals shall be made in writing thirty (30) days of the correspondence returning the material to be corrected or modified.” Page 2 of 2 3. Paragraph 4.g. – Delete this paragraph in its entirety, and replace with the following: “Submit one (1) electronic copy of the preliminary Operation and Maintenance Manual for approval no later than sixty (60) days prior to delivery of the equipment. Upon approval of Preliminary O&M’s, submit one (1) bound hard copy and one (1) electronic copy of the Final O&M’s within (30) days of Preliminary O&M approval. Final O&M Manuals shall include all corrected data and drawings per the Engineer’s final approval. Bound and electronic copies must be submitted in strict accordance with Section 01 78 23.” 4. Article 4.j. – Add the following at the beginning of the first sentence of the paragraph: “As related to the vendors scope of work,.” 5. Article 20 – Delete the article in its entirety, and replace with the following, “CONFLICT WITH PURCHASE ORDER: In the event of a conflict between any terms of this Attachment P Purchase Order Special Terms and Conditions and the Garney Companies Purchase Order Conditions (as modified and / or supplemented by the Attachment thereto), the terms of the Garney Companies Purchase Order Conditions (as modified and / or supplemented by the Attachment thereto), shall govern and control.” 1 Jeremy L. Miller From:van Ettekoven, Johan <Johan.vanEttekoven@hhusa.net> Sent:Thursday, October 10, 2024 2:51 PM To:Jeremy L. Miller; Fred Willms Cc:Mark Miner Subject:[EXTERNAL] Re: Pre-Selected Package 2.01 & 2.03 EXTERNAL EMAIL - Please be cautious when opening links or attachments Hello Jeremy, We have reviewed and agree on the terms side of things, so we are all good there. As for proposals, those will be valid through November as requested. Let me know if there are any questions, thanks. Johan 704-677-3714 From: Jeremy L. Miller <jlmiller@garney.com> Sent: Wednesday, October 9, 2024 12:02 PM To: van Ettekoven, Johan <Johan.vanEttekoven@hhusa.net>; Fred Willms <fwillms@ei2water.com> Cc: Mark Miner <mminer@garney.com> Subject: Pre-Selected Package 2.01 & 2.03 Johan and Fred, Huber’s proposals will be going to the City Council for approval and has to be submitted to the Owner by Monday of next week to make it to the next Council meeting. Based on approval at the next Council meeting we anticipate being able to issue Huber purchase orders within the next couple of weeks. In order to meet these deadlines please provide the following no later than close of Business on Thursday: 1. Please see the attached latest proposals from Huber. Please confirm the proposals are valid thru November 2024. 2. Attached is a final copy of the negotiated terms we understand Huber is in agreement to using with Garney’s purchase order, please confirm. Jeremy Miller Project Manager GARNEY CONSTRUCTION Advancing Water PH: 720.343.6777 ADDRESS: 7575 County Road 286, Anna, TX 75409 GARNEY.COM 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com TAB 6 – OTHER DOCUMENTATION PS 2.02 – WRF Hydro International Headcell Procurement (46 23 00 – Grit Concentrator System) Water & Wastewater Solutions Hydro International 2925 NE Aloclek Suite 140 · Hillsboro, OR 97124 Tel: (866) 615-8130 Fax: (503) 615-2906 Web: hydro-int.com October 10, 2024 To: Mr. Chris Vela, PE Kimley-Horn 801 Cherry St., Suite 1300, Unit 11 Ft. Worth, TX 76102 RE: Grit Concentrator System - Spec Section 46 23 00 Anna RWRF Anna, TX File #22_11_0467 r4 Hydro International is pleased to present our quote for a HeadCell® Grit Removal Unit. The system will meet the requirements described in Section 46 23 00 with comments noted below. Comments 1. Hydro’s requested Payment Terms are as follows and are prefaced on the following timeline: Receipt of a purchase order by November 29, 2024, release to fabrication by April 18, 2025, and shipment of the equipment prior to September 5, 2025. Milestone Incremental Payment Cumulative Payment Upon Fully Executed PO 10% 10% Upon Approval of Shop Drawings 10% 20% Upon Release to Fabrication 10% 30% Upon Delivery of Equipment to Site 65% 95% Upon Final Acceptance or 45 days following completion of equipment start up 5%100% 2.Hydro assumes that our equipment does not need to comply with AI&S requirements per AI&S Guidance Document Question/Answer #22 stating electrical equipment and controls are not required to comply. 3.Screening with a ½” opening or better is necessary prior to the Hydro equipment. 4.Velocity through the bar screen openings/slots/aperture should not exceed 4 ft/s at peak flow. 5.Velocity at the mouth of the HeadCell® unit at peak flow must be ≤3 ft/s. 6.All piping connected to Hydro equipment must be supported by other means than the Hydro equipment. 7.Please see the exclusions detailed in the proposal below. Equipment Summary 1.Two (2) 12' 4 tray expandable to 11 tray HeadCell® Grit Concentrator units shall be supplied. Each HeadCell® shall consist of a stack of nested trays. The trays shall be fabricated from UV stabilized LDPE and shall be supported by a 304 SS frame integral to the unit. All flow passages shall be self-cleaning and free of sharp projections or fittings that may snag stringy or fibrous materials. The HeadCell® trays shall be constructed with a minimum ¼ inch material pans and sidewalls. The Tray Supports shall be fabricated to provide a means to independently support each tray and transfer the weight of each tray to the support structure frame. The HeadCell® will securely fit into a support structure frame containing the screened raw wastewater inlet connection, necessary hardware, and connections. The HeadCell® Concentrator shall be equipped with a settled solids underflow connection for collection and removal of settled solids. The settled solids are pumped to the Grit Washing/Dewatering units from the HeadCell® unit. Each unit shall remove 95% of all grit (S.G. 2.65) 125 micron and larger at a peak flow of 8 mgd. Each unit shall have 12 inches of headloss at the peak flow. Hydro-Int.com Page 2 of 4 ©2024 Hydro International Firm scope for Anna, TX RWRF Appurtenances Per Unit HeadCell® Grit Concentrator DESCRIPTION Part Number QTY Fluidizing Water Throttling Globe Valve 1” Crane Globe Valve, Bronze 1” 7TF 1 Fluidizing Water Shut-off Valve 1” Apollo Ball Valve, Bronze 77-105-01 1 Fluidizing Water Flow Meter 1” 8-40 Blue White Flow Meter, Acrylic F-42040LN-16 1 Anchor Bolts – Support Frame Hilti 304SS 3/8” x 5 1/8” HAS Anchor Rods for use with HIT HY 200 Anchor System 385462 4 Anchor Bolts –Underflow Collector Hilti 304SS 3/8” x 5 1/8” HAS Anchor Rods for use with HIT HY 200 Anchor System 385462 4 Anchor Bolts – Inlet Duct Hilti 3/8” HDI 3/8 SS Drop in anchors 336431 set Hilti HY 200-R Refill Pack Anchor Adhesive Material for use with HAS Rods 2334276 2 Utility Requirements Clarified NPW or Reuse Water: Each HeadCell® unit requires continuous 20 gpm @ 50 +/- 10 psig of clarified water for “fluidizing” to function properly. Spare Parts No spare parts are included or recommended in this scope of supply. Start-up One (1) factory trained representative, two (2) trips, for start-up and instruction services as required totaling four (4) days. Exclusions Any item(s) not specifically described above are excluded and are not to be supplied by Hydro International including but not limited to the following: Field assembly, erection and installation Anchor Bolts Interconnecting piping and valving not expressly stated above Pipe connections and fittings not expressly stated above All pipe supports, hangers and braces Controls, switches, control panels and instrumentation of any kind not expressly stated above Wiring and conduit Grit pump(s) and associated piping, valving, gauges, sensors Field or touch-up paint, painting, blasting and touch-up of surface finish Spare parts not specifically stated above Unloading, hauling and storage charge Lubricating oil and greases Grit study, field performance testing, laboratory testing and sample collection and analysis All concrete and grouting work Insulation and heat tracing of any kind, including controls/powering Structural / Seismic analysis Hydro-Int.com Page 3 of 4 ©2024 Hydro International Firm scope for Anna, TX RWRF Performance, Payment, Warranty, and/or Efficacy Bonds Grit dumpsters Translation Services Washing / Dewatering equipment Extended Discharge chutes (flexible or rigid) Access platforms, ladders, stairs, walkways, railing, hatches Equipment covers/grating Insurance Limitations Commercial General Liability is limited to $2,000,000 each occurrence Automobile combined single limit of $2,000,000 each occurrence Worker’s Compensation is limited to $1,000,000 each accident Warranty Hydro International’s Warranty shall cover a period of 2 years from the date of substantial completion (estimated start date 5/11/26). Delivery Please allow 14-16 weeks after receipt of purchase order for approval drawings. Shipment is typically a maximum of 18-20 weeks after receipt of "Approved" or "Approved As Noted, Resubmittal Not Required" submittal package. In current market conditions, these times may require adjustment. Price includes truck freight to jobsite, but does not include any state or local taxes if required. Timelines are based on typical workloads and with current market conditions they are taking longer. The grit removal system shall be delivered to site fully fabricated, subject to size, packaging and transportation constraints. The General Contractor must inspect equipment prior to unloading and notify Hydro International of any damage to equipment within 5 days to effect proper remedial action. Failure to notify Hydro International of damage to equipment prior to unloading will void all warranties pertaining to subject equipment. Conditions The pricing submitted herein is based on specification section 46 23 00 issued to Hydro on 5/8/24 and includes a Supply Bond. Any changes to the scope of supply required by changes to these specification sections or other sections and drawings not provided to Hydro International as listed above may require the price to change. Hydro International reserves the right to amend the price if changes are required due to changes to the provided specifications or to meet requirements for sections not made available at the time of this quote. Price includes truck freight to jobsite and does not include any state or local taxes if required. The prices quoted are firm based on a receipt of a purchase order November 29, 2024, release to fabrication by April 18, 2025, and shipment of the equipment prior to September 5, 2025. For any delays in delivery which are beyond Hydro International's responsibility, a finance charge of 1.5% of the contract value per month will be due and payable to Hydro. Pricing $686,100 Purchase Order Please make purchase orders to: Hydro International 2925 NE Aloclek Drive, Suite 140 Hillsboro, OR 97124 Local Representative Plant Representative: Mr. Matt Farquhar HRM Environmental 8440 Spectrum Dr McKinney, TX 75070 Phone (972) 943-5761 matt@hrmh2o.onmicrosoft.com Hydro-Int.com Page 4 of 4 ©2024 Hydro International Firm scope for Anna, TX RWRF If you have any questions or concerns, do not hesitate to contact me. Regards, Hydro International Lindsey Schweitzer Application Engineering Manager Page 1 of 1 Attachment Hydro International Garney Companies Purchase Order Conditions Purchase Order No. 0659RXXX Project: Hurricane Creek Regional Reclamation Water Facility & Temporary Treatment Facility Garney Project No. ____ This Attachment shall amend and / or supplement the terms of the “Garney Companies Purchase Order Conditions” as follows. All the terms and conditions of the “Garney Companies Purchase Order Conditions” not so amended and / or supplemented as expressly set forth in this Attachment shall remain in full force and effect: Garney Purchase Order Conditions 1. Paragraph 17 – Add to the end of the paragraph: "Vendor’s warranty includes the warranty set forth in the prime contract and the Contract Documents applicable to Vendor’s Work or Services." 2. Paragraph 22 – Delete this paragraph in its entirety, and replace with the following: “The Agreement shall be construed and enforced in accordance with the laws of the State where the project resides. Any dispute, controversy or claim arising out of or relating to the project, this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules and Mediation Procedures then in effect with the exception that the parties agree that the Procedures for Large, Complex Construction Disputes shall apply to any disputes in which the claim or counterclaim is $ 1,000,000.00 or more exclusive of interest, attorneys’ fees and arbitration fees and costs. The place of arbitration shall be McKinney, TX. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. In the event that one party hereto becomes involved in a dispute proceeding or arbitration with a third-party that involves the Work or services provided or performed by the other party, or the dispute invokes questions of fact or law relating to the work or performance thereof of one party, the party performing such Work or services agrees to be joined as a party in and bound by such dispute proceeding or arbitration.” Attachment “P” Purchase Order Special Terms and Conditions 1. Paragraph 9 – Delete the paragraph in its entirety. 2. Paragraph 11 – Delete the paragraph in its entirety. 3. Paragraph 12 – Delete the paragraph in its entirety. 4. Paragraph 24 – Delete the paragraph in its entirety. 1 Jeremy L. Miller From:Matt Farquhar <Matt@HRMH2O.onmicrosoft.com> Sent:Thursday, October 10, 2024 5:19 PM To:Jeremy L. Miller Subject:[EXTERNAL] Fwd: Pre-Selected Package 2.02 Attachments:image001.png; 241010 Anna, TX Firm Scope -r4.pdf; PS 2.02 - Attachment Hydro.docx EXTERNAL EMAIL - Please be cautious when opening links or attachments Jeremy. See below. Matt Farquhar 214 491 2799 matt@hrmh2o.onmicrosoft.com Begin forwarded message: From: Lindsey Schweitzer <lschweitzer@hydro-int.com> Date: October 10, 2024 at 5:09:18 PM CDT To: Matt Farquhar <Matt@hrmh2o.onmicrosoft.com>, John Gjendem <jgjendem@hydro-int.com> Cc: Patrick Herrick <pherrick@hydro-int.com>, Samuel Randall <Srandall@hydro-int.com>, Ryan Lansdon <rlansdon@hydro-int.com>, Maria Grossen <mgrossen@hydro-int.com> Subject: RE: Pre-Selected Package 2.02 Matt, Yes, we can hold our pricing for a PO by end of November. Updated scope attached. The attached PS 2.02 is identical to what we last looked at and is OK. Lindsey Schweitzer Applications Manager Direct Dial: (503) 601-0851 Visit us at WEFTEC booth #7139 in the Oldcastle Infrastructure booth! 2925 NE Aloclek Drive, Suite 140 • Hillsboro, OR 97124 Tel: (503) 615-8130 • Fax: (503) 615-2906 • www.hydro-int.com Hydro International is registered to ISO 9001:2015 InterTek Certificate No: 0119128 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com TAB 6 – OTHER DOCUMENTATION PS 2.03 – WRF Huber Drum Screen Procurement (46 21 33 – Fine Drum Screen) Equipment: HUBER Drum Screen LIQUID Star 2200/2 3300 HLC Sluice 200 HUBER Micro Strainer Ro9 500 2 Section Number: 46 21 33 Addenda Numbers: No addenda Represented by: Environmental Improvements Fred Willms (214) 783-7507 fwillms@ei2water.com Regional Sales Director Johan van Ettekoven 704-990-2442 Johan.vanEttekoven@hhusa.net Project Number: Revision: Proposal Date: BID Date: HUBER Technology, Inc. 1009 Airlie Pkwy, Denver, NC 28037 704-949-1010 | www.HUBER-technology.com Anna Hurricane , TX 5/31/2024 484063 2 8/5/2024SCOPE OF SUPPLY Design Information Drum Screen LIQUID Total Peak Waste Water Design Flow Peak Waste Water Flow per unit Total Average Design Flow Design Average Flow Rate per unit TSS Concentration Peak Flow Hydraulics & Screen Dimensions per Unit Weir height "b" Equipment Details Grease Pump Grease pump has been included for lubricated bearings Motor: Baldor, 1/2 HP, 480 VAC, 3ph, 60 Hz, Class 1 Division 1. Grease lube system: Graco Trabon Lubemaster pump, wall mount pump package, 316SST, w/316SS hardware, grease reservoir w/exp proof level switch, relief valve and gauge, divider valve 6- point w/ indicator, all fittings in stainless steel, pedestal 316SST. Paint Spec.: surface prep to SSPC-SP01, primer coat Alkyd Enamel; Top Coat: Acrylic Enamel, color RAL-5015 sky blue. Grease Pump Package for lubricated bearings mm 78.7 inch 2000 mm 2.01 ft/s 0.61 m/s 87.0Total channel height Inlet Channel Width 31.5 inch 800 14.3 inch 364 25.0 inch 636 39.4 inch inch 2210 1000 74.9 inch Operating Headloss "e" Overflow weir height "c" Maximum water level in front of the weir "b+c" Integral Launder Flush Water (@ 90 psi) Imperial Metric 142.0 inch 3607 mmChannel width value "d" Screen Wash Water Pressure 90 psi 6 Bar Screen Wash Water consumption 66 gpm 4.16 l/s mm mm 1903.5 mm Minimum length from screen to weir "g" mm 8.0 MGD 350 l/s 8.0 MGD 350 l/s 66720 lbs/day 2.0 mm 86.6 inch mm 129.9 inch 3300 inch 11.8 inch 300 mm 59.1 inch 1500 mm mm 22.0 gpm 1.39 l/s Screen Basket Spacing Screen Basket Diameter Screen Basket Length Process & Technical Data Imperial Metric 32.0 MGD 1402 l/s 32.0 MGD 1402 l/s 250 mg/L 0.08 2200 Supports 304L Stainless Steel Construction Screen Motor Data 5 HP, 480 VAC, 3ph, 60 Hz, S.F. 1.15, Class 1 Division 1 Sensor Level sensor for waterlevel measurement Anchor Bolts M12, 316L, Included 2 (Including 1 standby unit) Screen Design Horizontal rotating drum screen with center trough for screenings collection Screenings Trough Wash One (1) solenoid valve for trough wash, 1-inch, 120 VAC, 2-way, Class 1 Division 1, body Installation Type Drum Screen Liquid is mounted inside of a Concrete Channel Quantity Screen Basket Type Design of basket includes a Star Perforated Plate Basket Seal Type Sealing between Stationary Baffle Plate and Rotating Drum is by a Polyurethane Seal Bottom step "a" Maximum WL in front of the screen"ho" Velocity channel sides Spray Bar #2 (STAR Version Only) One (1) solenoid valve for spraybar wash, 1-inch, 120 VAC, 2-way, Class 1 Division 1, Brass body mm Material 304L stainless steel construction; pickled and passivated in acid bath Spray Bar One (1) solenoid valve for spraybar wash, 1-inch, 120 VAC, 2-way, Class 1 Division 1, Brass body Model HUBER Drum Screen LIQUID Star 2200/2 3300 Page 2 Design Information HLC Sluice Sluice Pipe Diameter Sluice Pipe Length Total Flow from Drum Screen Liquid (s) Sluice pipe standard slope Flushing Water (@ 90 psi) Equipment Details Design Information Ro9 Washer Compactor Total Screenings Inflow from DSL Design flow rate per unit Flow Rate Capacity per unit Screen Basket Spacing Screen Basket Diameter Screen Length Installation type Screen Angle Motor Power Wash Water consumption (Press Zone) Wash Water Pressure Equipment Details Installation type Micro Strainer is mounted inside a stainless steel tank Knife Gate Two (2) Trueline Knife Gate Assembly 1.0, 8 inch Knife Gate Valve, 316SS Body, Gate, 303SS Stem, 150# Full Lugged, Uni-directional, NBR O-ring seat w/ Rotork IQS12 electric, actuator, Single Phase 460V/3/60Hz, XP, C1, D1, Handwheel, Service: On/Off - 66 gpm 4.16 l/s 1 degree 63 gpm 4 l/s mm One (1) solenoid valves for compaction zone, 1-inch, 120 VAC, 2-way, Class 1 Division 1, Brass body 35 ° Process & Technical Data Imperial Metric 8 inch 200 mm 30 feet m9.14 Sluice Design Enclosed circular pipe sluice design Support Legs Support legs for sluice pipe have been included Anchor Bolts M12, 316L, Included Supports 304L Stainless Steel Construction Model HUBER Micro Strainer Ro9 500 2 Quantity 66 gpm 4.2 l/s 132 gpm 6.0 l/s 0.08 inch 2 mm kW Supports 304L Stainless Steel Construction Anchor Bolts M12, 316L, Included 66 gpm 4.2 l/s - 1.5 HP 2.0 Screen Design Perforated plate semi-cylindrical screen basket with integral screw conveyor attached with cleaning brush installed inside a tank 12.3 feet 3752 mm Tank - - - 16 gpm 1 l/s 60 psi 4 Bar Press Zone Model HLC Sluice 200 Quantity 1 Material 304L stainless steel construction; pickled and passivated in acid bath 19.7 inch 500 2 (Including 1 standby unit) Material 304L stainless steel construction; pickled and passivated in acid bath Process & Technical Data Imperial Metric - Intermediate Bearing Intermediate flange bearing for auger support has been included Motor Data 1.5 HP, 480 VAC, 3ph, 60 Hz, S.F. 1.15, Class 1 Division 1 Chute A four sided stainless steel discharge chute has been included Page 3 DSL / Grease Pump - Main Control Panel (Qty 2): Power Supply: 480VAC-3PH-60HZ Panel Classification: NOT CLASSIFIED Panel Location: Outdoors, Direct Sun 1 - Enclosure, NEMA 4X, 304 Stainless Steel, Wall Mount w/ 3-PT Latch 1 - Enclosure, Corrosion Inhibitors 1 - Main Disconnect, Circuit Breaker Type w/Door Mounted Handle 1 - Variable Frequency Drive, Altivar 320 Series, w/MSP Branch Circuit Protection [2HP - Max, Screen] 1 - Motor Starter, Non-Reversing, w/Overload Relay and CB Branch Circuit Protection [0.5HP - Max, Grease Pump] 1 - Control Power Transformer, 480-120VAC 1 - Surge Protection, 120VAC 1 - Programmable Logic Controller, A-B Micro850 Series w/ Ethernet and Required IO 1 - Operator Interface Unit, A-B PanelView 800, 4" Color Touchscreen 1 - Power Supply, 24VDC 1 - Panel Heater, with Thermostat 1 - Lot, Circuit Breakers, 120VAC: [As Required] 1 - Lot, Pilot Lights, PTT LED Type: [As Required] 1 - Lot, Push Buttons: [As Required] 1 - Lot, Selector Switches: [As Required] 1 - Lot, Control Relays, Socket Type: [As Required] 1 - Lot, Terminal Blocks: [As Required] 1 - Lot, Intrinsically Safe Barrier: [Prox. Switch, Home Switch] 1 - Lot, Dry Contacts: [As Required] 1 - UL Label Dual Ro9 - Main Control Panel (Qty 1): Power Supply: 480VAC-3PH-60HZ Panel Classification: NOT CLASSIFIED Panel Location: Outdoors, Direct Sun 1 - Enclosure, NEMA 4X, 304 Stainless Steel, Wall Mount w/ 3-PT Latch 1 - Enclosure, Corrosion Inhibitors 1 - Main Disconnect, Circuit Breaker Type w/Door Mounted Handle 2 - Motor Starter, Reversing, w/Overload Relay and CB Branch Circuit Protection [1.5HP - Max, Press] 2 - Current Monitor 2 - 120VAC Power and Control Circuits for Actuated Knife Gates 1 - Control Power Transformer, 480-120VAC 1 - Surge Protection, 120VAC 1 - Programmable Logic Controller, A-B Micro850 Series w/ Ethernet and Required IO 1 - Operator Interface Unit, A-B PanelView 800, 4" Color Touchscreen 1 - Power Supply, 24VDC 1 - Panel Heater, with Thermostat 1 - Lot, Circuit Breakers, 120VAC: [As Required] 1 - Lot, Pilot Lights, PTT LED Type: [As Required] 1 - Lot, Push Buttons: [As Required] 1 - Lot, Selector Switches: [As Required] 1 - Lot, Control Relays, Socket Type: [As Required] 1 - Lot, Terminal Blocks: [As Required] 1 - Lot, Dry Contacts: [As Required] 1 - UL Label Controls Main Control Panel (s) Page 4 Local Control Stations: Screen Control Station (Qty 2): Panel Classification: Class 1, Div. 1 1 - Enclosure, NEMA 7, Cast Aluminum 1 - Lot, Selector Switches: - Screen HOA - Screen FOR - (3) Solenoid HOA 1 - Lot, Push Buttons: - Emergency Stop Press Control Station (Qty 2): Panel Classification: Class 1, Div. 1 1 - Enclosure, NEMA 7, Cast Aluminum 1 - Lot, Selector Switches: - Press HOA - Press FOR 1 - Lot, Push Buttons: - Emergency Stop Sluice Control Station (Qty 1): Panel Classification: Class 1, Div. 1 1 - Enclosure, NEMA 7, Cast Aluminum 1 - Lot, Selector Switches: - SOV HOA 1 - Lot, Push Buttons: - Emergency Stop Single Point - Ultrasonic Level Controller (Qty 4) 1 - HydroRanger 200 HMI - Pre-Programmed 1 - Hoffman, NEMA 4X Enc. w/ Window 1 - STH Transducer, Class 1, Div.1 w/ 30m cable Pressure Sensor Level Control Package, Including (Qty 2): - Pressure Transmitter, 0-2PSI w/ 100' Cable - Single Channel Barrier Relay - AB MicroLogix Analog IO Card Heat Tracing Package, Including (Qty 3): - (1) Heat Tracing Circuit - 15amp MAX - (1) Control Power Transformer, 304SS - (1) NEMA 7, Thermostat CCP12-A: Climate Control Package, Including (Qty 3): - Sun Shield, Shroud Type - Top, Back, Sides - Dead Front w/ Swing Out Door - Insulated Outer Door CCP-AC800: Climate Control Package, Including (Qty 3): - Air Conditioner, NEMA 4X, w/ Corrosion Package Controls Main Control Panel (cont.) Page 5 Pricing This proposal has been reviewed for accuracy and approved for issue by: GG Project Clarifications 1.03. Please note, Section 01 33 23 was not provided at the time of proposal. 1.03.C. Please note, Section 01 78 23 was not provided at the time of proposal. 2.01.B. Please note, HUBER is supplying a sluice that has a diameter of 200 mm not 300 mm as specified. 2.02.A. Please note, details regarding the sluice will be confirmed at the time of submissions. 2.03.A. Please note, HUBER has provided all equipment in 304L Stainless Steel as the specification gives the option of 304 or 316. - Please note 120V electrically actuated knife gates have been provided as there weren't any specifications for knife gates in Section 46 21 33. E-124 Please note, HUBER has not provided heat tracing for the screens or sluice. Controls - Please note, controls are based on specifications from Section 46 21 33. There conflictions between plans and specifications, and divisions 40 and 26 were not referenced within Section 46 21 33. - Please note, HUBER has supplied Three (3) main controls panels. Two (2) screen only and one (1) for the dual wash presses. This follows what is mentioned in Section 46 21 33, but not what is shown in the plans. 1.01.B. Please note, booster pumps - along with high pressure traveling spray bar - have not provided as the high pressure traveling spray bar wasn’t specified. 2.04.G.ix-xii. Please note, controls regarding the booster pump and traveling spray bar have not included as neither piece of equipment was included. 2.05.A.1. Please note, the sluice does not use a U-shaped design; the design more so resembles a circular pipe shaped design. Due to this, covers will not be provided as this is part of a different design. Two (2) Cleaning Brushes Five (5) Boxes with 230 ft Endless Bags Supply Bond Included Included TOTAL: HUBER Drum Screen LIQUID Star 2200/2 3300 Polyamide Rollers Three (3) Complete Solenoid Valve Rebuild Kits Included 3 Included Included ROTAMAT® Ro9 500-2 Equipment Model Quantity Pricing Six (6) 200 1HUBER Sluice Pipe HUBER Micro Strainer (washer compactor) Section 46 21 33 2 Included Freight to jobsite. HUBER Control Panel (s) Spare Parts Freight and Startup Services 8 day(s), 3 trip(s) Startup services for installation inspection and startup supervision. Two (2) Strainer Basket Filters Freight and Startup Services 2 Year Warranty Included Spare Parts Included 8 day(s), 3 trip(s) For the Section 46 21 33 equipment, HUBER is offering our well-proven Drum Screen LIQUID Star, Sluice, and Micro Strainer Ro9. HUBER's offering is designed to meet the performance requirements and intent of the specification. HUBER's equipment differs in construction from the specification, including (but not limited to) the following: Plans 2 Page 6 $1,471,589.76 General Notes 1. 2. HUBER is in receipt of the following addenda: 3. 4. 5. 6. 7. 8. 9. HUBER's standard submittal documents, programming, testing procedure and O&M documentation are included. 10. All piping to and from the equipment is to be supplied by the installing contractor. 11.Please note, the sluice flushing water supply has been altered to fit the specification, but note that flush water should not be running at the same time as the DSL is providing water to the sluice. HUBER Technology, Inc. is offering the equipment and associated performance guarantees based on information available at the time of the issuance date. Information not made available to HUBER, whether HUBER is asking for specific information or not, which could affect the performance of the equipment might void warranty and performance guarantees. Any item not specifically listed is not considered part of this scope of supply. Please contact the HUBER Technology representative listed for further clarification. HUBER Scope of Supply is based on bid documents dated April 2024, equipment section 46 21 33. All electrical interconnections, motor disconnects, wirings, junction boxes, and terminations between the equipment and electrical components are to be provided by installing contractor. No addenda. A fully functioning and programmed HMI/PLC will be delivered to site. Screens and symbols used on the HMI are based on HUBER's standard unless otherwise noted. Software licenses for the PLC/HMI program will not be included in this scope of supply unless stated otherwise. These items are available for additional price adder upon request. The Control Panel is based on the specification provided and inclusive to meet the requirements of a Vendor designed panel, whereas the components and the factory testing of the panel will meet HUBER's requirements for function and warranty. Additional requirements or sections of the specification to meet local authority requirements or control panels designs unrelated to the equipment section, including special labeling, testing, or integration have not been included. HUBER will ship all equipment to site inside of 20’, 40’ or 40’OT ocean containers as deemed appropriate by our factory. HUBER will not ship any equipment on flatbed truck. Flatbed truck shipping means that the equipment would need to be transferred at port from factory packaged containers to the flatbed. This process it out of HUBER’s control and it is our experience that equipment always gets damaged during this process. Page 7 Additional Information Pertinent to HUBER Quotation • Three (3) copies or the quantity stipulated in the equipment specification of HUBER O&M manuals prior to equipment start-up. Shipment HUBER will make all reasonable efforts to maintain the following schedule: • Submittals 6-8 weeks after acceptance of a written purchase order. • Standard delivery is 26-32 weeks from approval of submittals. • O&M manuals prior to equipment start-up. Accessories Abrasion or Corrosive Materials •Maximum Chloride for V2A (304, 304L)*100 mg/L •Maximum Chloride for V4A (316L, 316Ti)*400 mg/L •Maximum Chloride for V4A (316L, 316Ti)**250 mg/L •pH Value of the Wastewater/Washwater >6.5 •Iron Content in Washwater <0.50 mg/L * no hydrogen sulphide in the area of the stainless steel ** with a maximum hydrogen sulphide content of 6 ppm Machines made from 316 grade stainless steel are available at an additional price for extremely harsh operating environments upon request. Special Information and Exceptions • Price does not include any unloading or any applicable fees or taxes (Local, Federal, or Final Destination) • Prices are in U.S. Dollars unless noted otherwise • Freight is delivered with duty paid (D.D.P.) to Job site • Price does not include installation or building modifications • This Budgetary Pricing Quotation is valid for sixty (60) days from the date of this Scope or until withdrawn by HUBER Technology, Inc. (hereinafter “HUBER”). Submittals HUBER will provide documentation to the Purchaser per the following schedule: • Five (5) copies or the quantity stipulated in the equipment specification of submittal shop drawings 6-8 weeks after acceptance of a written purchase order. This Proposal includes only those items specifically mentioned in the equipment descriptions. Any items which may be necessary for the operation of the equipment, but are not specifically mentioned, such as motors, drives, controls, or supports, are to be supplied via additional quotation separate from this offering. All of HUBER’s machines and systems are manufactured from 304L or 316L grade stainless steel. The environment or materials the equipment may be exposed to may be abrasive or corrosive. This Proposal makes no representation or warranties concerning the service life of the equipment against such abrasion or corrosion. The concentration of chloride and hydrogen sulfide (H2S) in the equipment operating environment shall be kept below the following values: Page 1 of 2 Huber Technology, Inc. Attachment Garney Companies Purchase Order Conditions Purchase Order No. 0659RXXX Project: Hurricane Creek Regional Reclamation Water Facility & Temporary Treatment Facility Garney Project No. ____ This Attachment shall amend and / or supplement the terms of the “Garney Companies Purchase Order Conditions” as follows. All the terms and conditions of the “Garney Companies Purchase Order Conditions” not so amended and / or supplemented as expressly set forth in this Attachment shall remain in full force and effect: Garney Companies Purchase Order Conditions 1. Paragraph 6 – In the second sentence of the paragraph, delete “servants” after “on the part of the Vendor, its subcontractors, agents,” and before “or employees, during the performance of this Agreement, . . .” 2. Paragraph 7 – Add the following to the end of the paragraph, “Vendee shall have the right to terminate this Agreement or any part thereof for its convenience upon written notice to Vendor. If Vendee cancels this Purchase Order for its convenience upon giving of written notice to Vendor, in no event shall Vendor be entitled to consequential damages or loss of profits or for any amounts for Work or Services not performed. If Vendee terminates for convenience, but the prime contract is not terminated or cancelled, Vendor shall be entitled to be paid all costs actually incurred in the manufacture of the Products provided and approved hereunder, including reasonable and necessary costs of cancellation up to the time of cancellation. Should the Owner terminate the prime contract with Vendor or any part which includes Vendor’s Work or Services for its convenience, then this Agreement shall be likewise terminated upon written notice to Vendor. In the event of an Owner termination for convenience, then the provisions of Paragraph 21 shall govern and control. If Vendee were to suspend or modify this order, Vendee and Vendor shall coordinate on a new date of supply or services but not beyond 14 days after the original date unless otherwise agreed by the parties. If supply or delivery of material is beyond the revised date and not at the fault of the Vendor, Garney shall be liable for storage fees. 3. Article 22 – Delete the first sentence of the paragraph and replace with the following: “The Agreement shall be construed and enforced in accordance with the laws of the state of North Carolina.” Attachment B Purchase Order Insurance 1. Paragraph 6 – Delete this paragraph in its entirety and replace with “Not used” [for the avoidance of doubt, paragraph 6.1 shall not be modified or deleted] Attachment “P” Purchase Order Special Terms and Conditions 1. Paragraph 4.c. – Delete the paragraph in its entirety and replace with “Not used”. 2. Paragraph 4.e. – Delete the first sentence of the paragraph and replace with the following: “Resubmittals shall be made in writing thirty (30) days of the correspondence returning the material to be corrected or modified.” Page 2 of 2 3. Paragraph 4.g. – Delete this paragraph in its entirety, and replace with the following: “Submit one (1) electronic copy of the preliminary Operation and Maintenance Manual for approval no later than sixty (60) days prior to delivery of the equipment. Upon approval of Preliminary O&M’s, submit one (1) bound hard copy and one (1) electronic copy of the Final O&M’s within (30) days of Preliminary O&M approval. Final O&M Manuals shall include all corrected data and drawings per the Engineer’s final approval. Bound and electronic copies must be submitted in strict accordance with Section 01 78 23.” 4. Article 4.j. – Add the following at the beginning of the first sentence of the paragraph: “As related to the vendors scope of work,.” 5. Article 20 – Delete the article in its entirety, and replace with the following, “CONFLICT WITH PURCHASE ORDER: In the event of a conflict between any terms of this Attachment P Purchase Order Special Terms and Conditions and the Garney Companies Purchase Order Conditions (as modified and / or supplemented by the Attachment thereto), the terms of the Garney Companies Purchase Order Conditions (as modified and / or supplemented by the Attachment thereto), shall govern and control.” 1 Jeremy L. Miller From:van Ettekoven, Johan <Johan.vanEttekoven@hhusa.net> Sent:Thursday, October 10, 2024 2:51 PM To:Jeremy L. Miller; Fred Willms Cc:Mark Miner Subject:[EXTERNAL] Re: Pre-Selected Package 2.01 & 2.03 EXTERNAL EMAIL - Please be cautious when opening links or attachments Hello Jeremy, We have reviewed and agree on the terms side of things, so we are all good there. As for proposals, those will be valid through November as requested. Let me know if there are any questions, thanks. Johan 704-677-3714 From: Jeremy L. Miller <jlmiller@garney.com> Sent: Wednesday, October 9, 2024 12:02 PM To: van Ettekoven, Johan <Johan.vanEttekoven@hhusa.net>; Fred Willms <fwillms@ei2water.com> Cc: Mark Miner <mminer@garney.com> Subject: Pre-Selected Package 2.01 & 2.03 Johan and Fred, Huber’s proposals will be going to the City Council for approval and has to be submitted to the Owner by Monday of next week to make it to the next Council meeting. Based on approval at the next Council meeting we anticipate being able to issue Huber purchase orders within the next couple of weeks. In order to meet these deadlines please provide the following no later than close of Business on Thursday: 1. Please see the attached latest proposals from Huber. Please confirm the proposals are valid thru November 2024. 2. Attached is a final copy of the negotiated terms we understand Huber is in agreement to using with Garney’s purchase order, please confirm. Jeremy Miller Project Manager GARNEY CONSTRUCTION Advancing Water PH: 720.343.6777 ADDRESS: 7575 County Road 286, Anna, TX 75409 GARNEY.COM 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com TAB 6 – OTHER DOCUMENTATION PS 2.04 – WRF Veolia UV System Procurement (46 66 56 – UV Disinfection Equipment) SUEZ North America is now VEOLIA Water Technologies & Solutions 600 Willow Tree Road, Leonia, NJ 07605, USA, Tel: +1 201 676 2525 Aquaray HiCAP® UV Disinfection UV Disinfection System October 11, 2024 Final Proposal Anna, TX – Hurricane Creek WRF Aquaray UV Disinfection Systems are manufactured by Veolia in the USA to meet the requirements for Domestic Preferences in the Infrastructure Investment and Jobs Act. Prepared By: Veolia Water Technologies Treatment Solutions USA, Inc. George Vrachimis Tel : 201-676-2777 Email: george.vrachimis@veolia.com Local Sales Representative: Hartwell Environmental Corporation Hunter Phelan Tel: 817-446-9500 Cell: 682-772-2223 Email: hphelan@hartwellenv.com Contact information: Page 2 of 14 Anna, TX Date: October 11, 2024 October 11, 2024 To: Chris Connolly, P.E Kimley-Horn Re: Aquaray HiCAP® Ultraviolet Disinfection System Anna, TX – Hurricane Creek WRF We are pleased to submit our proposal for the Aquaray HiCAP® Vertical Lamp ultraviolet disinfection system for the above referenced project. The proposed design is based on our Aquaray HiCAP® System which features vertically mounted, high output 1,000 watt amalgam lamps with variable output for greater power conservation Some of the proposed Aquaray HiCAP® Vertical Lamp UV System’s features include: • 1000 watt LPHO Amalgam UV lamps to reduce lamp count and equipment footprint • Third Party Validated • Easy maintenance without the need to remove equipment from channel for lamp and ballast replacement. • Automatic dose control is achieved by turning on/off lamps row by row in combination with dimming each lamp in response to a flow signal, ensuring that the plant is operated economically while still providing the required performance. • IP68 Rated for Submergence For a Stage 1 peak flow of 6 MGD and an assumed minimum UVT of 65%, Veolia proposes to furnish one (1) UV disinfection channel. The proposed UV system will have UV modules, each with 36 lamps, mounted one (1) across by two (2) UV banks in series for a total of two (2) modules for Stage 1. The UV system will deliver a minimum UV dose of 30 mJ/cm2 at 6 MGD with one (1) UV bank out of service. The channel shall be designed with additional space, including a 2nd parallel channel to accommodate future equipment that will be needed for future Stages. A total of two (2) channels with six (6) modules per channel will be needed for the ultimate Stage 3 Flow of 35 MGD to meet future Type I Reuse requirements. Sincerely, For VEOLIA Water Technologies Treatment Solutions USA, Inc. George Vrachimis Page 3 of 14 Anna, TX Date: October 11, 2024 I. AQUARAY® HiCAP VERTICAL LAMP SYSTEM DESCRIPTION • The Aquaray® HiCAP’s vertical open channel type configuration, unique staggered lamp array and perpendicular flow enables the plant operators to service the system with ease and simplicity. • The UV lamps are mounted vertically and perpendicular to the flow, where all electrical connections are made out of the water. All the lamps are easily accessed through the lid of the top enclosure. This makes routine service such as lamp changes, performed without having to remove the lamp modules from the channel. • Electronics, such as ballasts and communication cards, are all located in a remote enclosure away from the UV channel • The UV lamps are mounted in a uniform staggered array. This ensures a semi-tortuous path for the effluent that avoids discharge of undisinfected wastewater. • Flow pacing is achieved by a combination of dimming each row of lamps from 100% down to 40% output and turning lamp rows on and off in relation to a plant flow signal. Each UV module has four (4) rows of lamps arranged asymettrically to assure a tortuous flow path that enhances overall dose applied while insuring significant backmixing that yields better inactivation than other designs. • Each UV module has a dedicated electric motor that powers a simple mechanical wiper plate mounted on an acme screw drive. No failure of one wiping system component will result in the loss of wiping capability for the entire UV system. • All UV modules are completely removable from the UV channel, allowing for regularly scheduled channel cleaning to remove algae or debris. Page 4 of 14 Anna, TX Date: October 11, 2024 HIGH OUTPUT LAMP ARRANGEMENT: The ultraviolet lamps are mounted vertically so that all electrical connections are made out of the water and within the protection of an IP68 stainless steel enclosure. Unlike other designs, all the lamps are easily accessed through the lid of this enclosure. Therefore, routine service such as lamp changes can be made without having to remove the lamp modules from the channel. The lamps are also mounted in a uniform staggered array, This ensures a semi-tortuous path so that every particle of water will come into intimate contact with the most intense point of lamp output. MODULE ARRANGEMENT: The number and layout of the modules within the channel is determined based on the required UV dosage and a UV path for the water that eliminates any possibility of hydraulic short-circuiting. See “DESIGN BRIEF” for details of module arrangement for this project Page 5 of 14 Anna, TX Date: October 11, 2024 CONTROL AND MONITORING: Each HiCAP module in the disinfection system receives its power from the Power Supply Unit via power cables provided by Veolia. A separate MCP (Main Control Panel) houses the PLC and Operator Interface (OI/HMI). The system operates in the fully automatic mode and the HMI displays up-to-date information about the status of the equipment. It requires no previous computer experience and includes easy to understand on-screen instruction to assist the operators. The HMI shows the number of modules in service and the number of lamps within the modules that are in use. Information that is used to determine the number of lamps required can be taken from a modified flow signal. The modified flow signal (by owner) for control over each channel can be calculated from the overall plant flow. A representative UV intensity reading is displayed continuously on the OI based on information being received from a sensor mounted in each bank of modules. Should it become necessary, the operator can assume manual control of the system. In this mode, he or she has the ability to check all the system functions and to control the lamp array. Other system information, such as channel flow and individual module status, can also be accessed. Page 6 of 14 Anna, TX Date: October 11, 2024 FLOW PACING: Due to the wide variety of flows that occur in a wastewater treatment plant, the Aquaray HiCAP Vertical Lamp System is designed to minimize energy consumption and extend lamp life by accurately controlling the number and outputs of lamps in service. The Aquaray® HiCAP System incorporates a unique way of conserving energy via a combination of turning on/off and dimming of UV lamps. This feature allows the system to switch on or off lamps and vary between lamp output power levels in response to the flow pattern of the wastewater treatment plant via the 4-20mA signal received from the plant flow meter and UVT analyzer. During the diurnal flows described, the UV system will respond to the change in flows by turning on/off lamps on a row-by-row basis then dimming each row as needed from 60-100% lamp power. SYSTEM CLEANING: Any UV system gradually accumulates a coating on the quartz sleeves housing the lamps. This routine fouling must be removed periodically. The Aquaray® HiCAP System offers a fully automatic, in-channelcleaning system which reduces maintenance. The automatic wiping system is usually operated once daily and the wipers are then replaced once every two years. This system is included in our proposal. The wipers are individually replaceable split nylon brushes with adjustable compression rings to allow for optimum wiper contact as the brush wears over time. Page 7 of 14 Anna, TX Date: October 11, 2024 SERVICE: Every piece of equipment within a wastewater plant requires service. The Aquaray® HiCAP System has been developed to permit easy troubleshooting and quick replacement of components. The majority of maintenance activities can be carried out while the equipment is still located within the channel. The recommended spares included in this proposal will ensure that the system can be maintained efficiently and brought back to full operation in the shortest possible time. Page 8 of 14 Anna, TX Date: October 11, 2024 II. DESIGN BRIEF Parameter Value Unit Stage 1 Peak Flow 6 MGD Stage 1 Operating Flow 3 MGD Stage 1 Average Flow 2 MGD Design UV Transmittance 65 %UVT TSS, monthly average <30 mg/L TSS, sample maximum <45 mg/L E. Coli Permit, monthly average <126 CFU/100 mL E. Coli Permit, daily maximum <399 CFU/100 mL Minimum Validated UV Dose >30 mJ/cm2 III. PROPOSED AQUARAY® HiCAP SUBMERSIBLE VERTICAL LAMP SYSTEM DESIGN: Description Value System Designation Aquaray® HiCAP Number of Channels 1 Number of Modules Across (Modules per Bank) 1 Number of Modules in Series (# of Banks) 2 Channel Width, in. 47.5” Channel Length, ft. 37.6’ (includes space for future equipment) Minimum Channel Depth, in. 91” Water Depth, in. 82” maximum water level 74” normal water level Aquaray® Modules/Channel 2 Total Number of Modules 2 Number of Lamps/Module 36 Total Number of Lamps 72 Power Consumption per Lamp, W 1000 watts Power Consumption at 2 MGD, kW 12.2 kW Power Consumption at 3 MGD, kW 12.3 kW Power Consumption at 4 MGD, kW 18.3 kW Power Consumption at 6 MGD, kW 24.4 kW Total Installed Power, kW 86.4 kW Page 9 of 14 Anna, TX Date: October 11, 2024 HEADLOSS CALCULATIONS Standard Disinfection – Flow (MGD) Headloss (inches) 3 MGD 1 ch - 1 duty + 1 standby banks 0.04 in. 6 MGD 1 ch - 1 duty + 1 standby banks 0.18 in. 17.5 MGD 1 ch - 2 duty + 1 standby banks 2.33 in. 35 MGD 2 ch - 2 duty + 1 standby banks 2.33 in. Type II Reuse – Flow (MGD) Headloss (inches) 17.5 MGD 1 ch - 3 duty + 1 standby banks 3.11 in. 35 MGD 2 ch - 3 duty + 1 standby banks 3.11 in. Type I Reuse – Flow (MGD) Headloss (inches) 17.5 MGD 1 ch - 5 duty + 1 standby banks 4.66 in. 35 MGD 2 ch - 5 duty + 1 standby banks 4.66 in. Page 10 of 14 Anna, TX Date: October 11, 2024 IV. SCOPE OF SUPPLY UV System Component Quantity Number of Aquaray® HiCAP Modules • 316SS • IP68 Rated 2 Total Number of UV Lamps (Excluding Spares) 72 Number of UV Intensity Sensors (One per bank) 2 Number of Power Supply Units (PSUs) • 304SS • NEMA 4X Rated 1 Number of UV Main Control Panels (UMCPs) • 304SS • NEMA 4X Rated • Includes Allen Bradley Compact Logix PLC and PanelView Plus 7 10.4” HMI 1 Number of Power Cables 12 Number of Data Cables 6 Number of Cable Trays 1 Number of Stepdown Transformers 1 Number of Mounting Rails/Eye Shields • 304SS 3 Number of Conductivity Level Switches 1 Number of Level Control Weirs • 316SS 1 set Spares • 10% lamps • 10% sleeves • 1 UV sensor • 10% Wipers • 5% Ballasts • Citric acid • Two (2) Operators Kit (UV goggles, UV warning signs, gloves) Installation Supervision, Start-Up, Performance Testing, Operator Training. • Performance test includes cost for sample collection and laboratory analysis • 1 sample per day (includes influent and effluent), for 3 consecutive days 10 days in 2 trips Follow up Visit after 3 months of operation 1 day in 1 trip Freight to job site Included Page 11 of 14 Anna, TX Date: October 11, 2024 V. ITEMS PROVIDED BY OTHERS Note that the following items are to be provided by others (unless indicated otherwise above): • UV channel construction and modifications • Channel grating • Any Piping, Channel Drains, Inlet Isolation Gates and Valves • Remote computer system • Installation of the equipment • Integration with the SCADA system • Pulling of all cables and interconnecting of cables at the PSUs • 4-20 mA Signals • Embedded conduits • 1/2-Ton Jib Crane VI. PRICING, TERMS AND CONDITIONS Price (Includes Supply Bond) $529,830 Validity November 30, 2024 Taxes Not included Payment Terms • 10% Net Cash, Payable in thirty (30) days from date of submittal of initial drawings for approval; • 85% Net Cash, Payable in progress payments thirty (30) days from dates of respective shipments of the Products; • 5% Net Cash, Payable in thirty (30) days from Product installation and acceptance Submittals 8-10 weeks Equipment Delivery 22-24 weeks after submittal approval Freight INCOTERMS DAP Warranty 2 years after start-up or 30 months after delivery, whichever occurs first Page 12 of 14 Anna, TX Date: October 11, 2024 Typical Aquaray Vertical Lamp Ultraviolet Disinfection System Installations Plant Location: Auburn, NY Peak Flow: 25 MGD Number of Channels: 1 Number of Modules: 3 Page 13 of 14 Anna, TX Date: October 11, 2024 Aquaray HiCAP Vertical Lamps Ultraviolet Disinfection System Installations Plant Location: Doha I, Qatar Peak Flow: 40 MGD HLD for Reuse Number of Channels: 1 Number of Modules: 3 per bank (24 total) Page 14 of 14 Anna, TX Date: October 11, 2024 Aquaray HiCAP Vertical Lamps Ultraviolet Disinfection System Installations Plant Location: Doha II, Qatar Peak Flow: 60 MGD Number of Channels: 3 Number of Modules: 10 per channel (30 total) Attachment Veolia Water Technologies & Solutions to Garney Companies Purchase Order Conditions Purchase Order No.: __________ Project: Hurricane Creek Regional Reclamation Water Facility & Temporary Treatment Facility Garney Project No.: ___________ This Attachment Veolia Water Technologies & Solutions to Garney Companies Purchase Order Conditions (“Attachment”) shall amend and / or supplement the terms of the “Garney Companies Purchase Order Conditions” as follows. All the terms and conditions of the “Garney Companies Purchase Order Conditions” not so amended and / or supplement as expressly set forth in this Attachment shall remain in full force and effect. This Attachment will take precedence over any other conflicting terms and conditions in the Purchase Order. This purchase order is a one-time agreement between Garney Companies, Inc. and [VEOLIA LEGAL ENTITY NAME HERE]. The terms set forth in this Purchase Order will not be honored as part of or in conjunction with any other Garney Companies, Inc. and [VEOLIA LEGAL ENTITY NAME HERE] projects. Garney Companies Purchase Order Conditions Article 1: In the third sentence of Article 1, delete the word “related” and replace it with, “to the extent applicable,” and at the end of Article 1, add, “to the extent applicable to Vendor’s work or services.” In no event, shall the Prime Contract be construed as imposing obligations on Vendor which are excluded from Vendor’s Scope of Supply or construed to expand Vendor’s scope of Supply. Article 4: Add the following at the end of Article 4: “Vendor shall have the right in its discretion and full authority to settle, defend the claim or procure the right to continue using the equipment at its sole cost and expense. Vendee agrees to provide Vendor with prompt notice of any claim it receives and to reasonably cooperate with Vendor with respect to any claim which this Article 4 applies. Vendor’s obligations herein shall not apply to any infringement claim arising from such Equipment’s combination with other equipment or services not provided or recommended by Vendor, to the extent such combination is the allegedly infringing subject matter of the claim. Vendor retains all ownership to its intellectual property rights, including copyright, in all drawings, data, and deliverables (including the Equipment) supplied by Vendor or which it develops under this Agreement, and grants to Vendee and to Owner a perpetual, non-exclusive, non- terminable, and royalty-free license to use any of the Equipment, services, drawings, designs, or data delivered to and paid for under this Agreement. Such license does not extend to the re-creation of the Equipment or the manufacture of spares or consumables by Vendee or third parties. Vendee agrees that it will not subject the materials or equipment to any type of reverse engineering, file any patent applications thereon or assert any patent or other intellectual property rights (other than the license granted to Vendee in this Article) against the drawings, data, and written deliverables Vendor develops under this Agreement.” Article 5: In the first sentence of Article 5, add “third-party” after “from and against all” and before “claims, demands, actions, and remedies of collection,”; add “third-party” after “or on account or damage to” and before “property (not including the materials or goods furnished by Vendor), including loss of use thereof,”; remove, “arising out of or in consequence of the furnishing or delivery of material or equipment to and on the jobsite for such injuries to person or damage to property as are due or claimed to be due to any”; add “caused by the” after “to the extent” and before “negligence,”; and add “or willful misconduct” after “negligence” and before “of the Vendor, its employees or agents.” Article 6: Delete the second and third sentences of Article 6 in their entirety; delete the following from the fourth sentence of Article 6: “Except as otherwise expressly provided in this Agreement,”; and delete the final sentence of Article 6 in its entirety. Article 7: Add the following at the end of Article 7, “, and in the event the Vendor fails to submit a cure plan acceptable to Vendee within seven (7) days after Vendor’s knowledge of the delay, or if the delay continues after implementation of the acceptable cure plan.” (i) To the extent the Vendee cancels its order due to causes attributable to Vendor, Vendor shall be liable for damages and costs attributable to Vendor, not receive any further payments, shall stop such work as directed, and shall provide a summary to Vendee of the status of all work currently pending. (ii) To the extent the Vendee cancels or suspends its order due to a delay arising from force majeure or a reason not attributable to the Vendee or the Vendor, then Vendee shall pay Vendor for work performed prior to cancellation or suspension and any other direct costs incurred by Vendor as a result of such cancellation or suspension to the extent recovered from the Owner. (iii) To the extent the Vendee cancels or suspends its order (and the order is not assigned to the Owner) due to causes attributable to Vendee, (including cancellation by the Owner due to Vendee’s default) Vendee shall pay Vendor for work performed prior to cancellation or suspension as a result of such cancellation or suspension. Article 8: Add the word “Vendor’s” at the beginning of Article 8, before “Worker’s Compensation, Employers’ and General Public Liability Insurance”, and replace “Automobile Public and Property Liability Insurance” with “Comprehensive Automobile Liability Insurance.” Article 11: In the first sentence of Article 11, delete “(required by the contract),” after “material testing” and before “and all required test results”, and delete the word “strict” after “shall be in” and before “accordance with said approved ship drawings”. Article 14: – In the second sentence of Article 14, add “in accordance with the schedule in this Agreement” after “materials progress of the above described work” and before “so as to cause any loss to the Vendee”. Article 17: Delete Article 17 and replace it with the following: “Vendor warrants that all Equipment furnished hereunder will be free from defects in material and workmanship and in accordance with the specifications and agrees to repair or replace at its own expense any defect in materials which may occur or develop within two (2) years from substantial completion of the Project or thirty (30) months from delivery or shipment to storage whichever occurs first. Any claim for breach of these warranties must be promptly notified in writing. Vendor’s sole responsibility and Vendee’s sole remedy arising out of or relating to any breach of these warranties is limited to repair or at Vendor’s option replacement of the defective item of Equipment, and at Vendor’s sole cost and expense. For consumable components like UV lamps, ballasts, and quartz sleeves, replacement of such defective items shall be sent to Vendee or the Owner, as directed by Vendee. All costs associated with the removal, shipment, and reinstallation of a repaired or replacement consumable component shall be the sole and exclusive responsibility of the Vendee or Owner. Vendor further warrants that such replacement component will be complete in all respects necessary to make the Equipment fully functional if installed in accordance with Vendor’s Installation and Operation manuals. Vendor’s warranty does not cover the remedies for damages caused by improper handling of Vendee or any third party which Vendor is not responsible, improper storage, installation or commission, improper operation or maintenance of the Equipment by Venee or third parties which Vendor is not responsible, repairs or alterations made by Vendee or Owner without Vendor’s written consent, influent water which does not comply with agreed parameters, or reasonable wear and tear. The warranties and remedies set forth in this article are in lieu of and exclude all other warranties and remedies, statutory, express or implied, including any warranty of merchantability or of fitness for a particular purpose. Warranty repair, replacement or re-performance by Vendor shall not extend or renew the applicable warranty period.” Article 20: Add the following after the first sentence of Article 20: “Any Change Order, to be effective, must be signed by both parties.” Article 22: In the second sentence of Article 22, add “the parties shall use reasonable efforts to resolve any dispute through direct and informal discussions and to negotiate in good faith. If the Parties cannot reach a resolution of the matter after negotiating in good faith within thirty (30) days after the matter first being discussed, then such dispute” after “this Agreement, or the breach thereof,” and before “shall be settled by arbitration”. Article 23: Add the following new Article 23: “Delivery Location. Unless otherwise specified in this Agreement, Vendor shall deliver all Equipment to Vendee FOB (UCC) Jobsite. The time for delivery of the Equipment to Vendee shall be specified in this Agreement. The place of delivery specified herein shall be firm and fixed, provided that Vendee may notify Vendor no later than forty-five (45) days prior to the scheduled shipment date of the Equipment of an alternate point of delivery.” Article 24: Add the following new Article 24: “Excluding delay-related damages and / or liquidated damages pursuant to the next paragraph, Vendor shall not be liable to Vendee under this Agreement whether the claim (including warranty) is based contract, tort, strict liability or otherwise, for cumulative aggregate amounts in excess of 100% the total amount of the Agreement price (as may be adjusted by Change Order); provided that, notwithstanding the foregoing, the limitation of liability set forth above in this section shall not (i) apply to Vendor’s third party indemnification obligations under this Agreement; (ii) apply to Vendor’s obligation to deliver to Vendee full legal title and ownership of all or any portion of the Work paid for, as required under this Agreement; (iii) apply to any risks to be insured by Vendor through and up to the limits of insurance required under this Agreement, it being the parties' specific intent that the limitation of liability shall not provide any relief or satisfaction of nor limit or impact any obligation of the Vendor’s insurers; (iv) or apply in the event of Vendor’s gross negligence, willful misconduct or Vendor’s abandonment of the Work without cause. Vendor’s total liability under this Agreement for delay-related demonstrable damages and / or liquidated damages incurred and / or assessed by either Owner or Vendee, or both, shall be limited to $5,000 per week of delay, with an aggregate limit 15% of the Agreement price (as may be adjusted by Change Order). For the avoidance of doubt, amounts paid to Vendee by Vendor for delay-related damages and / or liquidated damages shall not be counted against the general limitation of liability set forth in the previous paragraph, but shall serve as Vendee’s sole and exclusive remedy for such delay. The limitations of liability set forth in this Article 24 shall not be in any way deemed to limit Vendor’s obligation to perform all work or services required under this Agreement, and the cost incurred by Vendor (excluding warranty claims) in performing the work or services shall not be counted against the limitation of liability set forth in this Article 24. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY, OR ANY THIRD PARTY BENEFICIARY, FOR ANY LOST DATA, LOST PROFITS OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR OTHER INDIRECT DAMAGES OF ANY KIND FOR ANY REASON.” Attachment B -- Purchase Order Insurance: Article 1.1 Replace with " All insurance is to be issued by insurance carriers with a minimum AM Best Rating of A- size VII and liability in the limits provided herein this document” Article 2.5 Delete the word "minimum". Article 2.6 Replace the words "not less than" with "of". Article 2.7 Delete the word "minimum". Article 2.8 Delete the word "not less than". Article 2.9 Amend this article as follows, “Waiver of Subrogation. Except for Worker’s Compensation all insurance policies shall include a waiver of any right of subrogation of the insurers thereunder against Contractor and all its assigns, subsidiaries, affiliates, employees, insurers and underwriters, to the extent Vendee is provided coverage as additional insured. Article 2.10 Amend this article as follows, “Additional Insureds. Vendor furnished insurance (except Workers' Compensation Insurance) shall include Owner, Contractor, and all their assigns, subsidiaries and affiliates as additional insureds, in respect to the products delivered or work performed by or on behalf of named insured and only to the extent that the additional insured is held liable for the negligence of the named Insured. Coverage does not extend to liability to the extent arising out of the additional insured’s own negligence. Article 6 Delete. 1 Jeremy L. Miller From:Dacruz, Pedro <pedro.dacruz@veolia.com> Sent:Friday, October 11, 2024 3:14 PM To:Jeremy L. Miller Cc:Hunter Phelan; Mark Miner; Brendan Quinn; Sharma, Taruna; Steven Smith; James, Jeff; Kubista, Kyle; Patrick Vidonish Subject:Re: FW: [EXTERNAL] RE: Veolia - T&C Discussion Attachments:Anna, TX Hurricane Creek WRF Aquaray HiCAP Final Proposal 10-11-2024.pdf EXTERNAL EMAIL - Please be cautious when opening links or attachments Jeremy, 1) See attached revised proposal with the changes requested 2) Yes, we are in agreement with the last version sent Sincerely, Pedro DaCruz WATER TECHNOLOGIES & SOLUTIONS - NAM Sales Leader - Purification & Disinfection Mobile: 732-371-8004 600 Willow Tree Road Leonia, NJ 07605 E-mail: pedro.dacruz@veolia.com www.watertechnologies.com To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. On Fri, 11 Oct 2024 at 14:26, Jeremy L. Miller <jlmiller@garney.com> wrote: Pedro Following up from the additional conversations you had with Patrick yesterday working out the details of the terms and conditions. As mentioned previously Veolia’s proposal will be going to the City Council for approval and has to be submitted to the Owner by Monday of next week to make it to the next Council meeting. Based on approval at the next Council meeting we anticipate being able to issue Veolia a purchase order within the next couple of weeks. In order to meet these deadlines please provide the following no later than 8:00am Monday: 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com TAB 6 – OTHER DOCUMENTATION PS 2.05 – WRF Andritz Centrifuge Procurement (46 76 33 – Dewatering Centrifuges) Confidential document. All rights reserved. No duplication or disclosure to third parties permitted without the written conse nt of ANDRITZ. Proposal: ANDRITZ D5LX Centrifuge PROJECT NAME: HURICANE CREEK RWRF, ANNA, TEXAS Proposal No: 3760154-4 Date:10/1/2024 By :Bruce SoRelle Tel : (817) 419-1730 Email: bruce.sorelle@andritz.com ANDRITZ Separation Technologies Inc. 1010 Commercial Blvd. South Arlington, TX 76001 (817) 465-5611 Separation.us@andritz.com www.Andritz.com 10/1/2024 Christopher A. Connolly, P.E. (TX) Kimley-Horn 260 East Davis Street, Suite 100, McKinney, Texas 75069 Direct: 469 221 9829 Main: 469 301 2580 Email: Chris.Connolly@kimley-horn.com Subject: Anna-Huricane Creek RWRF Updated Proposal based on Specifications Dear Mr. Connolly Thank you for your interest in the ANDRITZ centrifuge and we are pleased to submit our information offering the ANDRITZ D5LX high solids decanter centrifuge technology for your sludge dewatering project. Sizing has been based off the information provided below: Enclosed you will find, technical specifications and drawings as well as general information on the ANDRITZ D5LX high performance decanter centrifuge. The ANDRITZ centrifuge is one of the mechanical dewatering solutions we offer to the thickening and dewatering challenges to the environmental market. ANDRITZ designs, manufactures and assembles our centrifuges and system controls to provide a single source solution including analytical process sizing (both laboratory and field testing), full after-market support via our four (4) regional service centers and with the quality of manufacture and reliability you would expect from a world leader in liquid solids separation. Benefits of the ANDRITZ centrifuge include: • HP scroll for the highest cake dryness • Open flights for the best centrate quality, • Bowl of Duplex stainless steel construction, • Field replaceable tungsten carbide conveyor tiles the full length of the scroll - with up to a 15,000 hour wear warranty, • Field replaceable tungsten carbide protected feed and discharge ports, • Field replaceable tungsten carbide protected discharge casings, • Independent balancing of bowl, gearbox and scroll • Lowest specific electric energy consumption due to patented energy feedback (up to 20% energy savings on high torque applications), • Simple operation due to fully automatic torque-controlled regulation, • VFD controlled bowl and scroll conveyor • Minimum space and maintenance requirement due to in-line design, • Scroll exchange program to minimize down time and reduce inventory • More than 10,000 ANDRITZ centrifuges are installed around the world and have placed ANDRITZ at the forefront of centrifuge technology. • Four (4) dedicated service centers within North America. The information is being furnished based on the ANDRITZ standard scope of supply and design. Should you have any further questions or concerns regarding this quotation, please contact our local representative Hunter Phelan of Hartwell Environmental@ (682)772-2223or feel free to call me at the contact listed below. Once again, we thank you for your time and look forward to working with you on this project. Sincerely Bruce SoRelle National Sales Manager ANDRITZ Separation Technologies Inc. 1010 Commercial Blvd S. Arlington, Texas 76001 (817) 419-1730 Phone (817) 266-9732 Mobile bruce.sorelle@andritz.com www.ANDRITZ.com Cc: File Confidential document. All rights reserved. No duplication or disclosure to third parties permitted without the written conse nt of ANDRITZ. Contents 1.0 ANTICIPATED OPERATING CONDITIONS ............................................. 5 1.1 ANTICIPATED SIZING & PERFORMANCE ............................................. 5 2.0 TECHNICAL DATA ............................................................................... 6 3.0 CENTRIFUGE INFORMATION ............................................................... 8 3.1 DECANTER CENTRIFUGE GENERAL DESCRIPTION .............................. 8 3.2 HIGH PERFORMANCE SCROLL ............................................................ 9 3.3 WEAR AND ABRASION PROTECTION ................................................. 10 3.4. TURBO JET ...................................................................................... 11 3.5 SIMPLIFIED MAINTENANCE ............................................................... 13 3.6 ENERGY RECOVERY SYSTEM ........................................................... 14 3.7 OPERATOR -FRIENDLY CONTROLS ................................................... 15 3.8 CYCLO GEAR BOX ............................................................................ 15 3.9 INSTALLATION OF THE DECANTER ................................................... 16 4.0 DOCUMENTATION & COMMISSIONING .............................................. 17 4.1 TECHNICAL DOCUMENTATION .......................................................... 17 4.2 COMMISSIONING .............................................................................. 17 5.0 PRICING INDICATION ....................................................................... 18 5.1 PRICING SUMMARY .......................................................................... 18 6.0 COMMERCIAL SUMMARY .................................................................. 29 6.1 GENERAL COMMERCIAL TERMS ....................................................... 29 Confidential document. All rights reserved. No duplication or disclosure to third parties permitted without the written conse nt of ANDRITZ. 7.0 STANDARD TERMS AND CONDITIONS OF SALE ................................... 5 ANDRITZ Proposal 3760154-4 10/1/2024 Page 5 DECANTER CENTRIFUGE TYPE D5LX 1.0 ANTICIPATED OPERATING CONDITIONS Phase 1 Application WWTP Sludge Description (Municipal) Undigested WAS from MBR and erated in holding tank Feed Solids (%TS) 0.9-1.4 Specific Gravity 1.03 Volatile Solids (%of TS) 68 pH 6-8 Sludge Temperature (°C) 15-20 Operating Cycle 4-6 hrs.5days/week Solids Loading 12554-1882 Feed solids SVI (ml/g) 120 Conductivity( mS/M) TBD Feed solids CST (seconds) TBD 1.1 ANTICIPATED SIZING & PERFORMANCE Decanter type D5LX Number of machines 2 Unit flow (GPM) Design 140.5-230 GPM Unit Solids loading (lbs. TS/Hr) 1882 Polymer consumption (active lbs/ton TS) 20-22 Dryness (%TS) 19-20 Capture rate (%TSS) 95% ANDRITZ recommends laboratory and/or field testing of the sludge to determine realistic and achievable performance levels. Our Process Department is available to assist you at all stages of the process from initial design through to continuing optimization throughout the lifetime of the equipment. ANDRITZ Proposal 3760154-4 10/1/2024 Page 6 2.0 TECHNICAL DATA CHARACTERISTICS Size (L x W x H) 167 x 48 x 65 inch (4,231 x 1,228 x 1652 mm) (Anchor bolts not supplied) Weight with driving system 10,906 pounds (4,947Kg) CENTRATE CHUTE Effluent outlet Rectangular 8-7/8” X 16-15/16” with flexible connection Air outlet 4-1/2 inch SOLIDS CHUTE Outlet Rectangular 12-1/4” X 24-1/2” with flexible connection DRIVE Main motor (hp) 100 Secondary Motor (hp) 20 Cyclo reducer (gearbox), nominal torque 70,454 inch pounds (7960 Nm) FREQUENCY INVERTERS Brand: Allen Bradley Power Flex Series 755 (6 Pulse) Communication: Ethernet CONTROLS PLC: Allen Bradley Compactlogix PLC Processor with Ethernet Touchscreen: Allen Bradley Panel View Plus SCROLL SPEED ADJUSTMENT Range: 0 - 15 rpm (Redex) Torque control (dewatering): based on conveying torque MATERIAL OF CONSTRUCTION Wetted parts: 316L Stainless Steel Frame Painted Steel Bowl & Drive Covers Fiberglass Reinforced Plastic (FRP) BOWL Centrifugally Cast 2304 Duplex Inner diameter 20.5” (520 mm) L/D ratio 4.4 Total length 92” (2340mm) Speed 3200 rpm G Force 2976 ANDRITZ Proposal 3760154-4 10/1/2024 Page 7 SCROLL Counter current design High Performance For dismantling purposes: Total length of scroll with handling hoist and bowl plate 110” (2,800 mm) Weight of scroll with handling hoist and bowl plate 1345 pounds (610 Kg) POND DEPTH ADJUSTMENT Sliding weir plates, range of diameter 11.2” x 16.1” (285 to 410 mm) WEAR PROTECTION Inner bowl surface Integral cylinder and cone grooving Scroll Replaceable tungsten carbide tiles the entire length of scroll Scroll feed chamber (distributor) Sintered tungsten carbide Bowl discharge (diffuser) Sintered tungsten carbide SEALS Type BUNA N Maximum temperature 176°F (80°C) LUBRICATION All bearing blocks are lubricated with grease. The reducer is lubricated exclusively with the type of grease specified by ANDRITZ NOISE LEVEL 85 dB(A) sound pressure measured in free field conditions, at nominal speed, from a distance of 39 inches (1 meter). VIBRATION LEVEL 0.18 inch/s (4.5 mm/s) max. (Registered on test bench at nominal speed according ISO 10816-1) MISCELLANEOUS Wash water flow rate 44 to 88 GPM (10 to 20 m3/hr) for up to 45 min. at each stop (Non-potable water supply / 40 to 60 psi (4 bars)) Air evacuation 200 cfm (350m3/hr) ANDRITZ Proposal 3760154-4 10/1/2024 Page 8 3.0 CENTRIFUGE INFORMATION 3.1 DECANTER CENTRIFUGE GENERAL DESCRIPTION The ANDRITZ decanter centrifuge is composed of a rotating assembly, driven by electrical motors, supported by two pillow block bearings on a base frame. The rotating assembly includes a cylindrical and conical bowl, a scroll conveyor, and a gear box, which creates the differential speed between the scroll conveyor and the bowl. Centrifugal force created by the rotation of the bowl (greater than 3,100 g) forces solids particles to separate from the liquid and move away from the machine axis toward the bowl wall. The solids will compact on the cylindrical or settling section of the bowl wall. The scroll conveyor located inside the bowl, rotates at a slightly faster speed than the bowl. The compacted solids along the bowl wall are advanced by the scroll conveyor to the tapered end of the bowl where they are discharged. The clarified liquid flows in the opposite direction from the solids, along the center axis, and overflows the adjustable weirs located in the liquid head. This continuous liquid (centrate) exits the machine through the liquid discharge compartment in the case bottom. ANDRITZ Proposal 3760154-4 10/1/2024 Page 9 3.2 HIGH PERFORMANCE SCROLL The High Performance scroll produces the right combination of high cake solids, maximum throughput, and the highest capture rate in the industry. The design optimizes the solids residence time. Turbulence is minimized for the hydraulic flow of the clarified liquid. Thanks to the open flight design the centrate travels in a direct path to the discharge, flowing parallel to the length of the scroll. This is an improvement over outdated full-flight designs that forced the liquid flow to travel in a spiral path in the opposite direction of the conveyed solids. ANDRITZ Proposal 3760154-4 10/1/2024 Page 10 3.3 WEAR AND ABRASION PROTECTION Solids evacuation Field replaceable tungsten carbide feed ports. Field replaceable sintered tungsten carbide tiles from two wraps beyond the feed zone with remaining scroll flame sprayed tiles Field replaceable tungsten carbide cake discharge ports. ANDRITZ Proposal 3760154-4 10/1/2024 Page 11 3.4. TURBO JET Specially designed Turbo Jet weir plates are installed to utilize the energy available from the liquid discharge of the centrifuge. Operating on a similar principal of jet engines, the Turbo Jet creates liquid jets directed opposite to the rotor direction of flow ANDRITZ Proposal 3760154-4 10/1/2024 Page 12 ANDRITZ Proposal 3760154-4 10/1/2024 Page 13 3.5 SIMPLIFIED MAINTENANCE The bowl and scroll are independently balanced at full operating speed prior to shipment, which allows for field repair or replacement of the scroll without the need to send the unit back to the factory for re-balancing. ANDRITZ also offers a scroll exchange program to reduce spare parts inventory. By installing the drives at the discharge end, the scroll can be easily removed from the feed end without dismantling the bowl or drive mechanism. This makes it easy to remove and inspect the scroll, typically taking less than 1 hour for removal and reassembly. Other centrifuge suppliers typically require removal of the bowl from the frame and then removal of the scroll from the bowl. Easy scroll removal without lifting the bowl or removing drives ANDRITZ Proposal 3760154-4 10/1/2024 Page 14 3.6 ENERGY RECOVERY SYSTEM Featured on our High Performance decanter centrifuges, the rotating assembly is driven by a main and a secondary motor. Each motor is controlled by a variable frequency inverter (VFD). In our patent design, the energy required to convey the solids is recycled back to the main drive motor through the variable frequency drives. This unique system reduces power consumption up to 20% compared to standard systems. Scroll speed and bowl speed are independent of each other. This makes it possible to optimize solids residence time as required based on a change in feed slurry characteristics. ANDRITZ Proposal 3760154-4 10/1/2024 Page 15 3.7 OPERATOR-FRIENDLY CONTROLS The ANDRITZ centrifuge is designed for continuous, attention-free operation. The advanced centrifuge control system allows full monitoring and control of the system. The start-up and shutdown of the centrifuge can be programmed to occur outside of the operators’ working hours and can also allow for 24/7 operation if required. ANDRITZ supplies a complete control system with touch-screen interface which is capable of controlling the complete dewatering system including centrifuge, polymer system, sludge feed pump, wash water flow and discharge conveyor. The control system allows for totally automatic operation with operational features including Early Start, Extended Run, Pause & Resume and One Touch. The centrifuge control systems are designed and programmed in-house in Arlington, Texas, and are not outsourced to third party vendors. 3.8 CYCLO GEAR BOX This reducer creates the differential speed between the bowl and the scroll conveyor and bears the torque required to convey the solids out of the centrifuge. CYCLO® reducers are compact and the internal parts do not include planetary satellites. This gearless proprietary design minimize frictions and provides for best efficiencies and torque capacities (able to support up to 250% of its nominal capacity). ANDRITZ Proposal 3760154-4 10/1/2024 Page 16 3.9 INSTALLATION OF THE DECANTER The IN-LINE design of our ANDRITZ decanter centrifuges reduces the floor space requirements to a minimum. Its isostatic design minimizes vibrations and noise level. The decanter is typically installed on concrete supports, resting on vibration shock isolators (included in our scope). The feed must be consistent and homogenous by an adjustable flow rate positive displacement volumetric pump. Provisions will be made for a wash water connection in the centrifuge feed (to be used only during shut down or Clean In Place (CIP) procedure). The open solids discharge casing facilitates the installation of any evacuation system. We recommend the installation of an inclined shaftless screw conveyor with a bottom drain hole for the gravity discharge of the slops at the beginning and the end of each operating cycle. ANDRITZ manufacture screw conveyors and we would be happy to size and quote for your conveying requirements on this project. ANDRITZ Proposal 3760154-4 10/1/2024 Page 17 4.0 DOCUMENTATION & COMMISSIONING 4.1 TECHNICAL DOCUMENTATION The Operation and Maintenance Manuals are sent upon delivery of the equipment. They include among others: - Instructions regarding installation, automation, commissioning, piloting and maintenance of the equipment - Parts manuals: including drawings with detailed part number and location for easy service. 4.2 COMMISSIONING The installation will be carried out and controlled by the customer before arrival of our start-up technician, in accordance with our instructions. Upon his arrival, power, water, product to be treated and chemical aid products must be available on-site. As soon as the machine is ready and the sludge available, our technician completes performance tests and optimization of the machine. During this commissioning, the personnel on site will be trained for operation of the centrifuge. ANDRITZ Proposal 3760154-4 10/1/2024 Page 18 5.0 PRICING INDICATION 5.1 PRICING SUMMARY Item Qty. Description 1 2 ea. ANDRITZ D5LX Decanter Centrifuge including: • 2304 Duplex stainless steel solid bowl with grooves • 316L stainless steel HP Scroll conveyor • 316L stainless steel wetted parts • Frame painted standard 2 part epoxy paint • Field replaceable Sintered Tungsten Carbide tiles from two wraps beyond the feed zone with the remainder of the scroll flame sprayed tungsten carbide tiles • Field-replaceable Sintered tungsten carbide feed ports • Field-replaceable Sintered tungsten carbide discharge ports • Fiberglass Reinforced Plastic Bowl cover and Drive guard • Power regeneration drive system • In-line one-stage cyclo speed inducer • In-line drives providing space saving advantages: • Bowl Motor 100 HP AC variable speed main drive WEG NEMA Premium Efficiency, 460VAC / 3PH / 60Hz / 4-POLE, Severe Duty, TEFC, Inverter Ready, Winding T-stats wired to Main Box, IP55 • Scroll Motor 20 HP AC variable speed back drive WEG Premium Efficiency, 460VAC / 3PH / 60Hz / 4-POLE, Severe Duty, TEFC, Inverter Ready, Winding T-stats wired to Main box, IP55 • Bearings are L-10 for over 100,000 hours • Vibration Isolators • Flexible connectors for sludge feed, centrate discharge and solids discharge Standard Machine Wiring Package • (2) Vibration Monitor IFM VKV022 • (2) Centrifuge Bearing Temperature Transmitters Rosemount • (1) Bowl Speed Sensor P+F • (1) Junction Box SS 316, with Phoenix Contact Terminal Blocks • Vibration Monitor, Bearing Temperature Transmitters and Bowl Speed sensor to be factory-wired to Junction Box mounted on Centrifuge Frame ANDRITZ Proposal 3760154-4 10/1/2024 Page 19 Item Qty. Description 2 2ea. NEMA 4X Starter/Operator Control Panel • NEMA 4X, Freestanding, Stainless Steel 304, with Air Conditioner • 480 VAC Power Input • 25 KAIC @ 480VAC SCCR Main Breaker Rating • 25KAIC @ 480VAC SCCR Main Breaker Rating • DC Bus Fuse Kit • 3-Phase Fuses • AB VFD Power Flex 755 with STO and Door Keypad: o Bowl, 100HP ND o Scroll, 20Hp ND o DC Bus Connection to allow energy exchange between Bowl and Scroll VFD’s • Motor Starters: o Conveyor 1,3,5 and Level Conveyor 1 (Centriuge #1) o Conveyor 2,4,6 and Level Conveyor 2 (Centrifuge #2) • 24VDC Power Supply • Control Relays • Miniature Circuit Breakers for Low voltage loads • Ground Bar • Control Power Transformer • Light Package • E-stop mounted on door • Phoenix Contact Terminal Blocks • PLC: Compactlogix L33ER • OIT: PanelView Plus 7 10” • Panel Control Relays • Unmanaged Ethernet Switch • Surge/Filter • Interposing Relays • Safety Relay • Horn • Beacon • UL 508a Listed ANDRITZ Proposal 3760154-4 10/1/2024 Page 20 Item Qty. Description 3 2ea. Centrifuge Local Operator Panel (OIT Panel) • NEMA 4X Stainless Steel 304 Enclosure wallmount. • 120Vac Power Input • 10KAIC @ 120V SCCR • OIT: PanelView Plus 7 10” • E-stop mounted on door • Beacon • Horn • Phoenix contact Terminal Blocks UL 508a or CSA Listed 4 4 ea Local Conveyor Control Station • NEMA 4X, Wall-mounted, Stainless Steel 304 • Selector Switches: Conveyor HOA, Conveyor Jog Rev-Stop-Auto, Slide Gate HOA, Slide Gate Open-Stop-Close • Pilot Lights: Conveyor Running, Conveyor Fault, Slide Gate Open, Slide Gate Closed 5 1 lot Standard Tools Included with Equipment Supply 1. One (1) Scroll lifting beam 2. One (1) Scroll thrust bearing extractor 3. One (1) Redux Pulley Extractor 4. One (1) Headwall Bearing Extractor 5. One (1) Pillow Block Positioning Pin extractor 6. One (1) Hex “T“Handle Key fpr Wear Plate Adustment 7. One (1) Grease Nip Extension Thrust Bearing 8. One (1) set of wrenches 9. One (1) set of threaded rods 10. Two (2) grease pump 11. One (1) tool box 6 1 lot Mechanical Spare Parts: 1. One (1) Set V-Belts 2. One (1) Set complete set of Gaskets, O-rings and seals 3. One (1) Set Main Bearings 4. One (1) Set Conveyor Bearings 5. One (1) Set of Screws and Fasteners 6. One (1) Year supply of Lubricants ANDRITZ Proposal 3760154-4 10/1/2024 Page 21 7 2 ea. Polymer Makeup Systems VeloBlend Model VM-10P-2400-D-0-A-1 Liquid Polymer Blending System A. Polymer Flow Range: 0.5 to 10 GPH B. Dilution Water Flow: 240 to 2400 GPH Polymer Mixing Chamber: A. Series: VeloBlend VM B. Type: Staged Hydro-Mechanical C. Mixer Motor: ½ HP, 90 VDC, 1750 RPM, Wash-Down Duty D. Mixer Shaft Seal: Mechanical with seal flushing assembly E. VeloCheckTM Neat Polymer Check Valve with Quick Release Pin F. Construction: 1. Body: Stainless steel 2. Impeller: Stainless steel 3. Mechanical Seal: Ceramic, Carbon, Stainless steel, Viton 4. Cover: Clear polycarbonate with stainless steel reinforced flange & G. Pressure Rating: 100 psi Pressure Relief Valve: Brass Neat Polymer Metering Pump Assembly: A. PVC FNPT union style polymer inlet B. Type: Progressive Cavity type C. Motor: ½ HP, 1750 RPM, 90 VDC, Wash-down duty motor with gear reducer D. Loss of polymer flow sensor E. Metering pump calibration assembly with isolation valves: 1000 ml Plumbing: SCH. 80 PVC Dilution Water Inlet Assembly shall be provided, including the following: A. Stainless steel FNPT water inlet connection B. Dilution water ON/OFF solenoid valve C. Control Valve: Manual rate control valve D. Primary dilution water flow meter type: Rotameter E. Low differential pressure alarm switch F. 0-160 psi inlet water pressure gauge (stainless steel, liquid filled) Plumbing – SCH. 80 PVC Solution Discharge Assembly: A. Stainless steel FNPT solution discharge connection B. 0-160 psi solution discharge pressure gauge (stainless steel, liquid filled) Plumbing – SCH. 80 PVC Control Panel: A. Enclosure: NEMA 4X FRP B. Power: 1. Required: 120 VAC, 60 Hz., 1 Ph 2. Disconnect: 10’ power cord with 120 VAC plug C. Motor controllers: 1. Mixing Chamber 2. Neat polymer metering pump D. Miscellaneous: 1. Control circuit protection 2. Control relays 3. Power supplies 4. Grounding blocks ANDRITZ Proposal 3760154-4 10/1/2024 Page 22 5. Numbered terminal blocks 6. Wire labels, shrink-tube type E. Operator Interface – Discrete Selector Switch 1. System ON / OFF (reset) / REMOTE 2. Ten-Turn Potentiometer – Metering Pump Control 3. One-Turn Potentiometer – Mixer Speed Control F. Status / Alarm Indicators: 1. System Running Indication 2. Main Power ON Indication 3. LED Display Metering Pump Rate 4. Low Water Differential Pressure Alarm 5. Low Polymer Flow Alarm G. Inputs (signals by others): 1. Remote Start / Stop (discrete dry contact) 2. Pacing Signal Based on Process Flow (4-20mA) H. Outputs: 1. System Running (discrete dry contact) 2. System Remote Mode (discrete dry contact) 3. Common Alarm(discrete contact) System Skid: A. Frame: 304 stainless steel, open frame design for access to all components B. Fasteners: 18-8 SS Designed for bolt-down Accessories (quantities shown are total for project – provided loose for field installation): A. (1) Spare Progressive Cavity Pump Stator B. (1) Spare Progressive Cavity Pump Packing Set C. (1) Spare Neat Polymer Check Valve, Complete D. (1) Banding Clamp Tool E. (1) Solution Discharge Check Valve, Swing-Type F. (12) Absorbent Pads G. (1) Drum Suction Assembly H. (1) Drum Cart / Dispenser (1) Drum Mixer Warranty: 2-Year Limited – VeloBlend System Only ANDRITZ Proposal 3760154-4 10/1/2024 Page 23 Item Qty. Description 8 1ea.. Bulk Storage Tank: A. Capacity (usable): 1,550 Gallons B. Construction: XLPE C. Configuration: Vertical, Double-Wall, Cylindrical, Flat bottom, Domed top D. Dimension: 8’ OD x 7-6’ H E. 17” Manway F. Ultrasonic Level Sensor 1. LCD Readout 2. High / Low Level Indicating Light 3. ON / OFF Switch (Filling) G. Fittings: 1. Fill: 2” 2. U-Vent: 4” 3. Suction: 1” 4. Level Sensor: 2” 5. Drain: 3” Tank-Only Warranty: Limited 5-Year Full Replacement 9 1 ea. Unit No,1 Centrifuge Conveyors JDV Model No.: U320 1. Capacity: 135ftᵌ/hr @ 20 rpm 2. Length: 14.0 ft. approx. @ 15° approx. 3. Drive Location: discharge end 4. Inlet Location: Above from one (1) centrifuge 5. Discharge Location: Bottom through one (1) diverter chute 6. Drive Unit: 2 HP constant speed, reversing 10 1ea, Unit No. 2:Centrifuge Conveyor JDV Model No.: U320 1. Capacity: 135ftᵌ/hr @ 20 rpm 2. Length: 22.0 ft. approx. @ 15° approx. 3. Drive Location: discharge end 4. Inlet Location: Above from one (1) centrifuge 5. Discharge Location: Bottom through one (1) diverter chute 6. Drive Unit: 2 HP constant speed, reversing 11 1ea Unit No. 3 & 4:Incline Conveyor ANDRITZ Proposal 3760154-4 10/1/2024 Page 24 Item Qty. Description JDV Model No: U420 1. Capacity: 540ftᵌ/hr @ 20 rpm 2. Length: 31.0 ft. approx. @ 26° approx. 3. Drive Location: inlet end 4. Inlet Location: Above from Unit No. 1 & No. 2 5. Discharge Location: Bottom through one (1) diverter chute 6. Drive Unit: 7.5 HP constant speed 12 1 ea, Unit No. 5 & 6: Cross Conveyor JDV Model No: U420 1. Capacity: 540ftᵌ/hr @ 20 rpm 2. Length: 19.0 ft. approx. 3. Drive Location: discharge end 4. Inlet Location: Above from Unit No. 3 & No. 4 5. Discharge Location: At each end with two (2) open discharge 6. Drive Unit: 5 HP constant speed, reversing 13 INC. Each Conveyor unit includes the following components: 1. U-Trough, 1/8" AISI 304 stainless steel, 20 ft. segments complete with flange connections and fasteners. 2. WEAR LINER, Type B – UHMW PE Plastic, 3/8" thickness sintered with an anti wear filler and synthetic lubricant to reduce friction. 3. LIDS, 4 ft. segments with bolts, 1/8" AISI 304 stainless steel. 4. DRIVE END, brackets designed for fitting to drive unit, stainless steel. 5. TRANSPORT SPIRAL with fitting for drive unit, high strength, high hardness, carbon steel, furnished in approximate 20 ft. segments for field welding by others. Ends beveled and match marked to facilitate assembly. 6. DRIVE SHAFT with welded coupling disc, machinery steel with 316L stainless steel shaft seal. 7. . DRIVE UNIT - Gear reducer with flanged pedestal mounting complete with integral motor, TEFC enclosure. 8. REAR END - Flanged, stainless steel. ANDRITZ Proposal 3760154-4 10/1/2024 Page 25 Item Qty. Description 9. CONVEYOR SUPPORTS - 1/4" AISI 304 stainless steel. 10. CROSS CONVEYOR SUPPORT STRUCTURE – ¼” carbon steel, galvanized. 11. INLET CHUTES - 1/8" AISI 304 stainless steel. 12. DISCHARGE CHUTES - 1/8" AISI 304 stainless steel. 13. SAFETY CORD AND SAFETY SWITCH – NEMA 6 enclosed 14. MOTION FAILURE ALARMS - NEMA 4X enclosed, model ZSS 15. DIVERTER GATE – AISI 304 STAINLESS STEEL with integral electric operator and limit switches 14 1 ea. Unit No. 7 :Level Lodor - LT 1. Leveling System 2. Model No: LL-LT20 3. Capacity: 540ftᵌ/hr @ 20 rpm 4. Customer Supplied Dumpster 5. Size: 20 yd 6. Length: 22ft 7. Width: 8ft 8. Height: 4ft 9. Drive Unit: 3HP constant speed 15 Inc. 1. Each LEVEL LODOR – LT ™unit includes the following components: 2. U-Trough, 1/8" AISI 304 stainless steel, complete with flange connections and fasteners. 3. LIDS, 4 ft. segments with bolts, 1/8" AISI 304 stainless steel. 4. DRIVE END, brackets designed for fitting to drive unit, stainless steel. 5. TRANSPORT SPIRAL – Carbon Steel, Painted, ¼” thick, full pitch butt welded sectional flights mounted to a 3- 1/2” Sch. 40 Pipe, continuously welded on carry side with ends bushed for 3” diameter shafts. 6. DRIVE SHAFT – C-1045 with optimal sealing system. 7. INTERMEDIATE HANGER BEARING – Hard Iron Inserts, Style 226, Painted Carbon Steel, Grease Fitting 8. TAIL BEARING – Roller Bearing type in Flanged Housing, Grease Fitting, w/ waste pack seal. ANDRITZ Proposal 3760154-4 10/1/2024 Page 26 Item Qty. Description 10. DRIVE UNIT - Gear reducer with flanged pedestal mounting complete with integral motor, TEFC enclosure. 11. REAR END – Flanged, stainless steel. 12. REAR SUPPORT - 1/4" carbon steel, galvanized with rear pivot point. 13. FRONT SUPPORTS – 1/4” Carbon steel, galvanized H-Frame with electric hoist. Self-supporting with or without 14. dumpster. 15. GUIDE RAILS – Carbon steel, galvanized 16. INLET CHUTES - 1/8" AISI 304 stainless steel with flexible boot. 17. DISCHARGE OPENINGS - 1/8" AISI 304 stainless steel. 18. SAFETY CORD AND SAFETY SWITCH – NEMA 6 enclosed 19. MOTION FAILURE ALARMS - NEMA 4X enclosed, model ZSS 20. LEVEL SENSOR – NEMA 4X 16 1 ea. Startup Services Conveyors 1. Includes supervision for installation and start-up 2. Two (2) trip(s), four (4) day(s) total 17 EXC Excluded Conveyor Services 1. Dumpsters 2. Electrical Control Panels Local Control Stations Electrical Cable and Fittings Floor mounted guide plates 3. Modifications or attachments to existing equipment Installation and Erection 4. Field Assembly and Testing Anchor Bolts 18 1 lot Engineering and Documentation ANDRITZ will supply the following documents (one e-copy and 3 hard copies): A. Arrangement drawings with dimensions for the ANDRITZ scope B. Motor list C. Written sequence of operation including all interlocks D. Control panel layout E. Electrical drawings F. Mechanical drawings G. Terminal box details ANDRITZ Proposal 3760154-4 10/1/2024 Page 27 Item Qty. Description H. Installation, operating and maintenance manuals 19 1 lot On-Site Services: I. Installation Assistance (3 days / 1 trip) J. Start-up and Training Assistance (5 days / 1 trip) K. Post Start-up Training Assistance (1 day / 1 trip) Note: aforementioned service is minimum time on-site exclusive of travel. The service listed above may be combined with other services depending on the contractor schedule 20 1 lot Freight prepaid to jobsite (not including unloading) TOTAL PRICE FOR TWO (2) D5LX Centrifuges, Starter Panels, Operator Panels, one (1) centrifuge spare parts,One (1) set of centrifuge tools, six (6) conveyors, one (1) Dumpster leveling systems, two(2) polymer feed systems,polymer system spare parts, one(1) bulk storage polymer tank $1,799,300.00 ANDRITZ Proposal 3760154-4 10/1/2024 Page 28 5.2 EXCLUDED FROM ANDRITZ SCOPE OF SUPPLY The ANDRITZ scope of supply does not include the following items (unless mentioned above) as may be necessary for equipment installation & operation to the performance levels specified: • Civil and structural engineering work. • Building and building plans (ANDRITZ will furnish load data and layout drawings but is not responsible for updating of building or building plans) • Building modifications • Platforms and access stairs or ladders • All utilities required for operation and erection • Unloading at site (by others) • Cranes or other lifting devices to offload and/or install equipment • Other instruments not specified in our scope of supply / outside of panel • Sludge Grinder • Wash water booster pump • Cake Discharge Pumps • Centrate Discharge Pump • Polymer, coagulants or other chemicals • Lubricants ANDRITZ Proposal 3760154-4 10/1/2024 Page 29 6.0 COMMERCIAL SUMMARY 6.1 GENERAL COMMERCIAL TERMS Terms and Conditions This proposal is based on negotiated Terms and Condition attached to proposal between ANDRITZ Separation Technologies Inc and Garney Construction dated October 4,2024 Special Provisions • All prices quoted in US Dollars, • Pricing quoted is DDP to Jobsite per Inco 2020 • Pricing does not include any local, state or federal taxes, permits, duties or other fees. Any taxes or fees that may apply must be added to the quoted price and paid by the buyer. Bonding is not included. The quoted price in this proposal has been calculated based on the current market prices required to manufacture the quoted equipment and services pursuant to regulations, duties and law in effect as of the date of this proposal. The quoted price shall remain firm for a period of thirty (30) days, except and subject to the following. In the event that the introduction of new tariffs, levies, duties, regulations, or any type of legislation by a domestic or foreign government has the effect of increasing the price of the quoted equipment or services, Andritz reserves its right to adjust its quoted price in order to reflect these increases in cost. Nothing in this document, or in any of the applicable contractual documentation shall be construed as a waiver of this right. “The crisis in Russia/Ukraine has increased and is still expected to increase the pressure on global supply chains, resulting in various impacts/restrictions, including but not limited to, raw material shortages, extended delivery times, unavailability/restricted availability of transport, shipping by land, sea and air, lack of dock lighterage or loading or unloading facilities, lack of manufacturing facilities, lack or restricted availability of labor etc., as well as unforeseeable price increases. The Sup plier is ANDRITZ Proposal 3760154-4 10/1/2024 Page 30 unable to receive fixed prices and/or delivery times from its sub-suppliers, as the further developments in Russia/Ukraine and the global impact resulting therefrom are still unforeseeable. The price and delivery times in this offer are therefore indicative only, and the Supplier reserves its right to adapt the price and/or the delivery times to reflect the impact of further developments after the date of this offer. Nothing in this offer can be construed as a waiver of such right.” Validity This Bid scope is valid for 60 days from October 1,2024. Terms of Payment ANDRITZ Separation Technologies agrees to the following payment terms (on a net 30 day basis): • 30% of Order Value upon submittal of Approval Drawings • 70% of Order Value upon Shipment Delivery Submittals: 6 weeks from signed PO Equipment delivery is anticipated to be 28 - 32 weeks from receipt of Approved Submittals. Field Service ANDRITZ will provide additional erection and start-up supervision for $1,500.00 per day plus expenses, eight (8) hours/day. At the request of the Purchaser, overtime service will be provided at a rate of 1.5 times quoted rates for weekdays and 2.0 times quoted rates f or weekends. Expenses are defined as the cost of travel from Seller’s plant to the point of installation and return, together with all living expenses during the period of service. The above charges shall be made for time involved including delays which are beyond the Seller’s control. ANDRITZ Proposal 3712597-2 Page 5 7.0 TERMS AND CONDITIONS OF SALE Page 1 of 3 Attachment Andritz Garney Companies Purchase Order Conditions Purchase Order No. 0659RXXX Project: Hurricane Creek Regional Reclamation Water Facility & Temporary Treatment Facility Garney Project No. 0659 This Attachment shall amend and / or supplement the terms of the “Garney Companies Purchase Order Conditions” as follows. All the terms and conditions of the “Garney Companies Purchase Order Conditions” not so amended and / or supplemented as expressly set forth in this Attachment shall remain in full force and effect. The following provisions apply to this Agreement: 1. Vendor shall maintain ownership of the intellectual property rights embodied in the goods and materials furnished to Vendee under this Agreement. Vendee acknowledges that the information that Vendor submits to Vendee in connection with this Agreement and the performance hereof and designated by Vendor as “confidential” contains Vendor’s confidential and proprietary information. Vendee agrees not to disclose such information to third parties without Vendor’s prior written consent. Andritz grants to Vendee and Owner a non-exclusive, royalty-free, non-transferrable license to use Vendor’s confidential and proprietary information (including software) for the purpose of the installation, operation, maintenance, and repair of the goods that are the subject of this Agreement only. Garney Companies Purchase Order Conditions 1. Paragraph 1 – In the first sentence of the Paragraph, delete “commencement of or fulfillment” after “The signing,” and before “of this Purchase Order…”. 2. Paragraph 1 – Amend the final sentence to read as follows: “Notwithstanding any other provision of this Purchase Order Agreement, the Vendor shall be bound by the terms and conditions set forth in the prime contract and Contract Documents related to its work or services and Vendor hereby assumes toward the Vendee all of the same obligations, rights, duties, and redress that the Vendee assumes toward the Owner under the prime contract and the Contract Documents, but only to the extent applicable to its work or services.” 3. Paragraph 1 – Add the following sentence to the end of the paragraph: “The terms and conditions of this Agreement and the other Contract Documents, including the Prime Contract, are intended to be construed in harmony and interpreted together. If there is an irreconcilable conflict between this Agreement and the Prime Contract, the terms of the Prime Contract shall govern and control.” 4. Paragraph 3 – In the first sentence of the Paragraph, add “5% in” between “the right to hold” and “retainage until such time”. 5. Paragraph 4 – Add “third-party” between “from any and all” and “claims, suits and liability” in the first sentence. At the following at end of the Paragraph, add “Vendor will have the right to settle all such claims” to the end of the paragraph. 6. Paragraph 5 – Add the following at the end of the Paragraph: “Vendor will have the right to settle all such claims.” Page 2 of 3 7. Paragraph 6 –.Amend the second to last sentence to read as follows: “Except as otherwise expressly provided in this Agreement, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY, OR ANY THIRD PARTY BENEFICIARY, FROM ANY LOST DATA, LOST PROFITS OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR OTHER INDIRECT DAMAGES OF ANY KIND FOR ANY REASON; provided, in no event shall anything in this waiver be construed to relieve Vendee of its obligation to pay the purchase price. 8. Paragraph 6 – Strike the last sentence of the Paragraph in its entirety. 9. Paragraph 23 – Excluding delay-related damages and / or liquidated damages pursuant to the next paragraph, Vendor shall not be liable to Vendee under this Agreement whether in contract, tort, strict liability or otherwise, for cumulative aggregate amounts in excess of 200% the total amount of the Agreement price (as may be adjusted by Change Order); provided that, notwithstanding the foregoing, (a) the limitation of liability set forth above in this section shall not (i) apply to Vendor’s indemnification obligations under this Agreement; (ii) apply to Vendor’s obligation to deliver to Vendee full legal title and ownership of all or any portion of the Work as required under this Agreement; ; (iv) or apply in the event of Vendor’s fraud, bad-faith, gross negligence, willful misconduct or Vendor’s abandonment of the Work; and (b) in no event shall Vendor’s indemnity obligations described in Section 6 of the Garney Purchase Order Terms and Conditions include an obligation to indemnify for any loss of profits, revenue or business opportunity, loss by reason of shutdown of facilities or inability to operate any facility at full capacity, or cost of obtaining other means for performing the functions performed by the Products or Software, loss of future contracts, claims of customers, cost of money or loss of use of capital, in each case whether or not foreseeable, or for any indirect, special, incidental or consequential damages of any nature. Vendor’s total liability under this Agreement for delay-related damages and / or liquidated damages incurred and / or assessed by either Owner or Vendee, or both, shall be limited to 20% of the Agreement price (as may be adjusted by Change Order). For the avoidance of doubt, amounts paid to Vendee by Vendor for delay-related damages and / or liquidated damages shall not be counted against the general limitation of liability set forth in the previous paragraph, but shall serve as Vendor’s sole and exclusive remedy for such delay. In no event shall the limitations of liability set forth in this Paragraph 23 be in any way deemed to limit Vendor’s obligation to perform all work or services required under this Agreement, and the cost incurred by Vendor in performing the work or services shall not be counted against the limitation of liability set forth in this Paragraph 23. Attachment Purchase Order Insurance 1. Paragraph 1.2 - Replace in its entirety with the following: “Vendor will provide certificates of insurance as evidence of coverage.” Attachment “P” Purchase Order Special Terms and Conditions 1. Paragraph 20 – Delete the article in its entirety, and replace with the following, “CONFLICT WITH PURCHASE ORDER: In the event of a conflict between any terms of this Attachment P Purchase Order Special Terms and Conditions and the Garney Companies Purchase Order Conditions (as modified and / or supplemented by the Attachment Page 3 of 3 thereto), the terms of the Garney Companies Purchase Order Conditions (as modified and / or supplemented by the Attachment thereto), shall govern and control.” 2. Paragraph 24 – Delete the paragraph in its entirety and replace with “Not used”. Section 00 72 00A – Standard General Conditions Article 2.01.B. Evidence of Contractor’s Insurance – Strike “and other evidence of “from the first sentence. Article 5.03.A Certificates of Insurance – Strike the second and third sentence of the subclause in its entirety. Article 17.03.A - Strike in its entirety. Article 17.08.A – Replace “including, but not limited to” for “and whether or not foreseeable for” in the second and third sentences. 1 Jeremy L. Miller From:SoRelle Bruce <Bruce.SoRelle@andritz.com> Sent:Wednesday, October 9, 2024 1:54 PM To:Jeremy L. Miller Cc:Hunter Phelan; Mark Miner; Ryan Kevin Subject:[EXTERNAL] RE: Pre-Selected Package 2.05 Attachments:Anna Hurricane Creek Proposal with Terms.pdf EXTERNAL EMAIL - Please be cautious when opening links or attachments Jeremy Please find aached updated proposal with agreed Terms From: Jeremy L. Miller <jlmiller@garney.com> Sent: Wednesday, October 9, 2024 12:10 PM To: SoRelle Bruce <Bruce.SoRelle@andritz.com> Cc: Hunter Phelan <hphelan@hartwellenv.com>; Mark Miner <mminer@garney.com> Subject: Pre-Selected Package 2.05 CAUTION: External email. Do not click on links or open attachments unless you know the sender and that the content is safe. Bruce, Andritz’s proposal will be going to the City Council for approval and has to be submitted to the Owner by Monday of next week to make it to the next Council meeting. Based on approval at the next Council meeting we anticipate being able to issue Andritz a purchase order within the next couple of weeks. In order to meet these deadlines please provide the following no later than close of Business on Thursday: 1. Please see the attached latest proposal from Andritz. Please update and address to Kimley-Horn instead of Garney and confirm the proposal is valid thru November 2024. 2. Attached is a final copy of the negotiated terms we understand Andritz is in agreement to using with Garney’s purchase order, please confirm. Jeremy Miller Project Manager GARNEY CONSTRUCTION Advancing Water PH: 720.343.6777 ADDRESS: 7575 County Road 286, Anna, TX 75409 GARNEY.COM This e-mail message is intended only for named recipients. It contains information that may be confidential, privileged, or otherwise exempt from disclosure under applicable law. If you have received this message in error, are not a named recipient, or are not the employee or agent responsible for delivering this message to a named recipient, be advised that any review, disclosure, use, dissemination, distribution, or reproduction of this message or its contents is strictly 1700 Swift Street, North Kansas City, MO 64116 Phone: 816.741.4600 www.garney.com TAB 6 – OTHER DOCUMENTATION PS 2.06 – WRF Kubota MBR Procurement (46 53 49 – MBR System) Firm Proposal for Anna, TX MBR System MBR System Ausust 9, 2024 Prepared By: Kubota Membrane USA 11807 North Creek Parkway S., Suite B-109 Bothell, WA 98011 425-898-2858 Local Representation By: Environmental Improvements, Inc. Fred Willms 972-436-2536 fwillms@ei2water.com August 9, 2024 I am pleased to present the attached materials for your consideration regarding the proposed Kubota membrane bioreactor (MBR) system for the Anna, TX WWTP project. Our proposal includes a detailed scope of supply, lead times, payment terms, and warranty specifications. If you have any questions regarding our proposal, please feel free to contact us or our local representative, Fred Willms of Environmental Improvements, Inc. at 982-436-2536 or fwillms@ei2water.com. Regards, Brian Codianne Regional Manager KUBOTA Membrane USA Corporation Cell: 425-898-3888 Email: brian.codianne@kubota.com Table of Contents 1 Scope of Supply ..................................................................................................................................... 1 1.1 Equipment and Instrumentation to be provided by KMU ............................................................ 1 1.2 Direct Services ............................................................................................................................... 4 1.3 Lead Times .................................................................................................................................... 6 1.4 Exclusions to Kubota Scope of Supply........................................................................................... 6 2 Warranty ............................................................................................................................................... 7 2.1 Equipment Warranty .................................................................................................................... 7 2.2 Membrane Warranty .................................................................................................................... 7 2.3 Limitation of the Warranties ......................................................................................................... 8 2.4 Warranty Action ............................................................................................................................ 8 3 Kubota MBR System Price ..................................................................................................................... 9 3.1 Kubota Payment Terms ................................................................................................................. 9 4 Appendix A: Kubota Terms and Conditions ........................................................................................ 10 5 Appendix B: P&ID ................................................................................................................................ 13 Tables Table 1: Equipment and Instrumentation in Kubota's Scope of Supply ......................................................... 1 Table 3: Training and Workshops Included in Kubota’s Scope of Supply ...................................................... 5 Table 4: Price for Proposed Kubota MBR Equipment and Equipment ........................................................... 9 ANNA, TX MBR SYSTEM WWTP PAGE 1 Kubota Membrane USA Corporation 2024 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. 1 Scope of Supply 1.1 Equipment and Instrumentation to be provided by KMU The following proposed items will be supplied by Kubota Membrane USA and are included in the prices that are listed in this document These are the items as required by the specification, with assumptions and changes made as needed to create a working MBR system. Table 1: Equipment and Instrumentation in Kubota's Scope of Supply Name Type Manufacturer Model Preliminary Equipment Size Quantity Equalization (EQ) Tank Equipment EQ Pump Submersible KSB KRT K 250-401/456XEG-K 2,776 gpm/pump 50HP 2 duty, 1 standby EQ Mixer Hyperbolic Mixer Invent Hyperclassic 416,640 gal/tank 40HP 1 Influent Channel Wall 1 – Face Mount Weir Gate/Actuator Rodney Hunt SS Slide Gate A-113 w/ Auma Mounted Electric Actuator 4’ x 4’ 1 EQ Flow Meter Electromagnetic Endress & Hauser Promag W 400 10” 1 Level Sensor Ultrasonic Endress & Hauser Prosonic M FMU41 - 3 Level Switch Float Endress & Hauser Liquifloat T FTS20 - 1 LL + 1 HL Anaerobic (AN) Tank Equipment AN Mixer Submersible KSB Amamix C 3225/06XDC 95,097 gal/tank 2.8 HP 2 duty Influent Channel Wall 2 – Face Mount Weir Gate/Actuator Rodney Hunt SS Slide Gate A-113 w/ Auma Mounted Electric Actuator 4’ x 4’ 1 Level Sensor Ultrasonic Endress & Hauser Prosonic M FMU41 - 1 Level Switch Float Endress & Hauser Liquifloat T FTS20 - 1 LL + 1 HL Anoxic (AX) Tank Equipment AX Mixer Submersible KSB Amamix C 4125/38XDC 298,698 gal/tank 4 HP 2 duty Anoxic to PA Weir Gate Weir Gate Rodney Hunt SS Slide Gate A-113 4’ x 4’ 2 Bio-P Flow Meter Electromagnetic Endress &Hauser Promag W 400 10” 1 Bio-P Pump Propeller Pump Sulzer ABS Propeller Pump 1,388 gpm/pump 2.5 HP 1 duty Level Switch Float Endress & Hauser Liquifloat T FTS20 - 1 LL + 1 HL Pre-Aeration Tank Equipment Diffuser Fine Bubble Sanitaire SSII Disc Diffuser 1,188 scfm 2 sets ANNA, TX MBR SYSTEM WWTP PAGE 2 Kubota Membrane USA Corporation 2024 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. Name Type Manufacturer Model Preliminary Equipment Size Quantity Aerobic to MBR Feed Channel Weir Gate Rodney Hunt SS Slide Gate A-113 4’ x 4’ 2 pH Meter Sensor Hach pHD SC - 2 pH Controller pH Transmitter Hach SC4500 - 1 DO/Temp Probe DO Probe Hach LDO SC Model 2 - 2 DO/Temp Controller DO/Temp Transmitter Hach SC4500 - 1 TSS Probe TSS Probe Hach TSS HT SC - 2 TSS Controller TSS Transmitter Hach SC4500 - 1 Level Switch Float Endress & Hauser Liquifloat T FTS20 - 2 LL + 2 HL MBR Tank Equipment Submerged Membrane Unit (SMU) Flat Plate, 304 SS Frame Kubota SP900 - 14 SMU Lifting Tool Lifting Tool Kubota TGSP508 - 1 SMU Module Lifting Tool Module Lifting Tool Kubota TGSPM006 TGSPM006 1 SMU Guide Set and Stabilizer Set Guide and Stabilizer Pipes Kubota - - 14 sets Permeate Drop Piping (2 sets per SMU) In-Basin Piping, < 3” Diameter (in between the SMU and headers in MBR basin) Kubota - 3” 28 sets Air Scour Drop Piping (1 set per SMU) In-Basin Piping, < 3” Diameter (in between the SMU and headers in MBR basin) Kubota - 3” 14 sets Permeate Isolation Valve (2 valves per SMU) Manual Ball Valve Asahi - 3” 28 ANNA, TX MBR SYSTEM WWTP PAGE 3 Kubota Membrane USA Corporation 2024 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. Name Type Manufacturer Model Preliminary Equipment Size Quantity Air Isolation Valve (1 valve per SMU) Manual Butterfly Bray - 3” 14 Level Transmitter Ultrasonic Endress & Hauser Prosonic M FMU41 - 2 Level Switch Float Endress & Hauser Liquifloat T FTS20 - 2 LL + 2 HL TSS Probe TSS Probe Hach TSS HT SC - 2 DO/Temp Probe DO/Temp Probe Endress & Hauser LDO SC Model 2 - 2 TSS/DO/Temp Controller TSS/DO/Temp Transmitter Hach SC4500 - 2 MBR Feed Channel to MBR Weir Gate Rodney Hunt SS Slide Gate A-113 4’ x 4’ 2 Permeate Control Equipment Permeate Pump PD Rotary Lobe Vogelsang VX186-260H4Q 1,536 gpm/pump 25 HP 2 Duty, 2 Standby Degas Valve Actuated Open/Close Ball Valve Dwyer - 1” 4 TMP Measurement Diaphragm Endress & Hauser Cerabar PMC21 ±15 psi 4 Permeate Flow Control Valve Actuated Modulating Butterfly Bray - 10” 4 Permeate Header Isolation Valve Manual Butterfly Valve Bray - 10” 4 Permeate Flow Meter Electromagnetic Endress & Hauser Promag W 400 10” 4 Turbidity Meter Laser Meter Hach TU5 Series - 4 Turbidity Controller Turbidity Transmitter Hach SC4500 - 2 Internal Recycle (Bio-P), Recycle Pump (RAS) and Waste Activated Sludge (WAS) Control Equipment RAS Pump Axial Flow Pump ABS VUPX Sulzer ABS VUPX 5,555 gpm/pump 50 HP 1 duty, 1 standby RAS Flow Meter Electromagnetic Endress & Hauser Promag W 400 24” 1 WAS Pump Submersible KSB KRT K 80-217/222XEG-K IE3 210 gpm/pump 10 HP 1 duty, 1 standby WAS Flow Meter Electromagnetic Endress & Hauser Promag W 400 6” 1 Level Sensor Ultrasonic Endress & Hauser Prosonic M FMU41 - 1 Level Switch Float Endress & Hauser Liquifloat T FTS20 - 1 HL + 1 LL ANNA, TX MBR SYSTEM WWTP PAGE 4 Kubota Membrane USA Corporation 2024 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. Name Type Manufacturer Model Preliminary Equipment Size Quantity RAS/WAS Channel Wall Weir Gate Rodney Hunt SS Slide Gate A-113 4’ x 4’ 2 Sludge Holding Tank Equipment Diffuser Coarse Bubble Diffuser Sanitiare SSII Disc Diffuser - 1 Level Sensor Ultrasonic Endress & Hauser Prosonic M FMU41 - 1 Level Switch Float Endress & Hauser Liquifloat T FTS20 - 1 HL + 1 LL Blower Equipment MBR Blower Positive Displacement Aerzen GM 35 S DN 150 1,051 scfm/blower (2,102 scfm total) 100 HP 2 duty, 1 standby Pre-Air Blower Positive Displacement Aerzen GM 60 S DN 200 1,625 scfm/blower (3,250 scfm total) 125 HP 2 duty, 1 standby Sludge Aeration Blowers Positive Displacement Aerzen GM 7 L DN 80 210 scfm/blower (420 scfm total) 20 HP 1 duty, 1 standby Aeration Flow Meter Mass Air Flow Endress & Hauser T-mass I 500 - 3 MBR Blower Pressure Transmitter Diaphragm Endress & Hauser Cerabar PMP51B - 3 Other Equipment MBR Clean-In-Place (CIP) System Chemical Injection System Kubota - - 1 MBR Control System PLC, HMI Control Engineers - - 1 1.2 Direct Services The following services are included in Kubota’s scope of supply: Design Support Two (2) days of on-site Project Kick-Off Meeting over one (1) trip. Support during preliminary and final design. Construction submittals including shop drawings. Preparation and submittal of a system O&M manual for Kubota supplied systems and equipment. Equipment delivery coordination with the contractor. ANNA, TX MBR SYSTEM WWTP PAGE 5 Kubota Membrane USA Corporation 2024 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. Commissioning One (1) day of on-site Material Inspection during delivery over one (1) trip. Four (4) days of on-site Mechanical Inspection during SMU installation over one (1) trip. Twenty (20) days of on-site Commissioning, including dry and wet equipment checks, clean water testing, and support during seeding and start-up over four (4) trips. Training Two (2) days of on-site, hands-on Operator Training using a mix of classroom and field time. See Table below for list of training topics over one (1) trip. Technical Support Ten (10) days of on-site, general Technical Support over two (2) trips. Table 2: Training and Workshops Included in Kubota’s Scope of Supply Training/Workshop Brief Summary HMI 1. Navigation of all HMI screens and menus. 2. Review of automatic operations and controls. 3. Changing process set points. 4. Overriding controls from the HMI. 5. Manual operation of the system in the event of a power failure. CIP training 1. Navigation of CIP (Clean-In-Place), in-situ maintenance chemical cleaning. 2. Control from HMI and operation of manual valve. 3. Adjust set points of chemical flow. Troubleshooting 1. Case study of troubleshooting 2. Recovery from trouble 3. “Fish bone” approach Daily testing 1. Filterability test 2. Viscosity measurement ANNA, TX MBR SYSTEM WWTP PAGE 6 Kubota Membrane USA Corporation 2024 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. 1.3 Lead Times The estimated lead times are shown below: Submittals: Eight (8) weeks after approved purchase order. Installation Documentation (IOM): Two to four (2-4) weeks prior to equipment delivery at site. Equipment Deliver at Site: Within twenty-eight (28) weeks after receipt of submittal approval by engineer and contractor. Mechanical Inspection: Two (2) weeks prior to system commissioning System Commissioning: To be scheduled within sixty (60) days of successful completion of mechanical inspection. Training: Training to be provided at the conclusion of the system commissioning. Plant Operations Manual: Two to four (2-4) weeks after completion of system commissioning. 1.4 Exclusions to Kubota Scope of Supply The following items are not currently included in the Kubota scope of supply: Sales tax. Performance and payment bond costs – per the contract documents, it is assumed that there will be no bond requirements for Kubota Membrane USA. Equipment unloading and installation at the site. Electrical site work and piping outside of the skid (i.e., connecting to main power, backup power, influent and effluent connections, etc.) Electrical system including primary and backup power, lighting, HVAC, etc. Coarse screening, grit removal, oil and grease removal (if needed). All piping that is outside of the tanks and equipment provided by Kubota. Piping between the fine screen system components and from the fine screen discharge to the EQ system. Chemical solutions for MBR clean-in-place. Computational Fluid Dynamics (CFD) analysis report for the UV system. Seismic bracing for equipment. Construction of concrete tanks, buildings, and structures. Treated water holding tank. Heat tracing materials if needed. Wall pipe, link seal, sleeve, and any kind of penetration seal. Any material of labor for concrete work, grouting, or sealant. Show priming, surface preparation, or shop or field coating, painting, cleaning, or welding for any piping outside of Kubota’s skids. American Iron and Steel (AIS) and/or Build American Buy America (BABA) requirements are excluded from Kubota’s proposal. Sludge seeding supply sourcing, transportation, pumping, or temporary filter requirements. Unloading and receiving equipment and instrumentation. ANNA, TX MBR SYSTEM WWTP PAGE 7 Kubota Membrane USA Corporation 2024 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. Storage facility of area onsite that can properly store equipment and instrumentation. Surge protectors either in the control panels and/or at the instruments. Intrinsically safe barriers. Any systems for operation in a classified area that was not marked in the plan sets provided at time of bid. All supplied systems, other than those marked in the referenced document, will be “unclassified” in accordance NFPA Standard 820. Any walkway or support systems Any frequency drives, starters, or local control panels Supervision of equipment installation, unless specifically stated in scope All unloading storage, and safe-keeping of equipment All lifting gears, tools, and equipment required for assembly, unless specifically stated in scope All electricity required to connect, operate, and test equipment All installation preparation including: Emptying, cleaning and drying of basins Drilling holes for chemical anchors Scaffolding to access equipment or support system Any adjustment of the handrails, support systems, and equipment during or after installation Surge protection on any field instruments, including signal and power circuits NOT included. Motor Control Centers (MCCs) and VFDs NOT included. Remote alarm notification device NOT included. Remote access VPN endpoint NOT included. Control Panels other than the one explicitly listed in the scope. 2 Warranty KMU will provide the following warranties. 2.1 Equipment Warranty KMU will supply a full (non-prorated) warranty for materials and workmanship for all components comprising the final, agreed to MBR System lasting for 2 years after substantial completion if that occurs more than 42 months after delivery additional fees may apply for the warranty extension. 2.2 Membrane Warranty KMU is including a full (non-prorated) Submerged Membrane Unit Warranty guaranteeing against defects in materials or workmanship for a period of ten (10) years after Final Acceptance. Kubota will replace any membranes that fail due to material defects or workmanship during this period at no cost to the client. “Failure” shall constitute the following conditions: (i) Any pinhole, tear, removal and breakage in or of the Cartridge; and (ii) Turbidity leakage; i.e. turbidity in the effluent exceeds 2.0 NTU under normal operating conditions. (iii) Inability to meet production capacity requirements specified herein. ANNA, TX MBR SYSTEM WWTP PAGE 8 Kubota Membrane USA Corporation 2024 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. (iv) Inability to meet TSS and turbidity requirements specified herein. (v) Visible damage to membranes including tears, rips, cracks etc. regardless of whether or not BOD, TSS or turbidity limits are exceedance of permit limits. Liability of Responsibility of Kubota Membrane USA The liability or responsibility of Kubota Membrane USA under this Warranty shall be limited to providing replacement Cartridges and shall not include any labor associated with dismantling and/or installation work at the Plant. The number of equipment to be repaired or replaced under this Warranty shall not exceed the number of cartridges or equipment originally supplied by Kubota Membrane USA. 2.3 Limitation of the Warranties Under this warranty, the Owner shall monitor and log the following data to demonstrate compliance with Operation and Maintenance manual, and to provide a detailed history of system performance. Failure to log data may void the Warranties and Performance Guarantee given above if, in the determination of KMU, the applicable Warranty and/or Guarantee operating conditions were exceeded. 1. Influent and effluent water quality 2. Permeate flow rate 3. Transmembrane pressure (TMP) 4. Temperature 5. Air flow rate 6. Filterability testing 7. Chemical cleaning method, frequency, and duration 8. Record of periodic replacement parts. Occurrence of any of the following as reasonably determined by KMU may reduce or void this warranty: Misuse, accident, fire, improper repair, tampering, or abuse of the Submerged Membrane Units including membrane damage caused by operator error in handling of membrane modules or cassettes. Failure to adhere to the preventative maintenance program as presented in the Operations and Maintenance Manual. Failure to ensure correct operation and/or functioning of the screening equipment. Unauthorized alteration of any components or parts originally supplied by KMU. Intentional damage. 2.4 Warranty Action Any action based on this Warranty is triggered only if the Buyer provides written evidence both of the Failure and that the Buyer has performed all its obligations under this Warranty. Such evidence shall be submitted to KMU within ten (10) days of the day on which the Failure is identified. KMU is entitled to access the Plant to verify the cause of the Failure at KMU’s discretion. The cost and expense for traveling, accommodation and meals for KMU’s inspection must be borne by the Buyer unless the Failure is determined to be caused by reasons attributable to KMU. ANNA, TX MBR SYSTEM WWTP PAGE 9 Kubota Membrane USA Corporation 2024 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. 3 Kubota MBR System Price The firm price for the equipment and instrumentation described herein is shown in the table below. Taxes or duties are not included. Table 3: Price for Proposed Kubota MBR Equipment and Equipment Firm Price MBR Equipment, Instrumentation, Services, and Warranty $4,125,000 excluding sales tax 3.1 Kubota Payment Terms Kubota’s payment terms are listed below. • 10% Due with Purchase Order • 10% Due for Approval of Submittals • 50% Due for Delivery of Equipment (except for Submerged Membrane Units) • 25% Due for Delivery of Submerged Membrane Units • 5% Due for MBR Startup Completion ANNA, TX MBR SYSTEM WWTP PAGE 10 Kubota Membrane USA Corporation 2024 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. 4 Appendix A: Kubota Terms and Conditions GENERAL TERMS & CONDITIONS 1. Precedence of Terms. These general terms and conditions shall apply to this Contract, except that provisions set forth on the face hereof shall take precedence over any inconsistent or contrary provisions set forth in these General Terms and Conditions. No conditions contrary to or in addition to those set forth in this General Terms and Conditions shall be binding upon the Seller unless expressly approved in writing by Seller. Performance by Seller shall not be construed as accepting any different or additional terms. 2. Quality and Quantity. Seller shall not be responsible for any damage to or deterioration in the quality or loss in weight or units of the Goods during transit or due to natural causes. 3. Shipment. Shipment within the time stipulated on the face hereto shall be subject to the availability of vessel’s space. In case FCA or FOB INCOTERMS apply to this Contract and Buyer fails to obtain space in time to fulfill the stipulated shipment date, Buyer shall be responsible for all costs, expenses and damages resulting directly or indirectly therefrom, including, without limitation, all increases in freight and insurance charges, losses, and other damages incurred by Seller prior to or after such failure by Buyer. The date of the Bill of Lading or the Waybill shall be conclusive evidence of the shipment date. 4. Risk of Loss and Transfer of Title. Risk of loss or damage to the Goods shall pass from Seller to Buyer in accordance with the INCOTERMS set forth on face hereof. Title to and the right to possess the Goods shall pass from the Seller to the Buyer at the same time when the risk of loss or damage to the Goods is passed to the Buyer as stipulated above, however, that the title to and the right to repossess the Goods are to be retained by Seller until Seller has received the full contract amount due to Seller pursuant to this Contract. 5. Payment. Payment by Buyer to Seller under this Contract shall be made by means of telegraphic transfer in immediately available funds to such bank account as designated by Seller or a confirmed, irrevocable, without recourse documentary letter of credit, in favor of Seller and with terms any satisfactory to Seller. If Buyer desires to pay Seller by means of a letter of credit, the letter of credit shall (i) cover the full contract amount (ii) be established through a prime-bank immediately after the date of this Contract, (iii) be negotiable on sight draft, and (iv) be valid for negotiation against the relative draft for at least fifteen (15) days after the end of the last month in which the Goods are shipped. The letter of credit shall authorize reimbursement to Seller for any expenses incurred by Seller on account of Buyer pursuant hereto, and shall authorize partial payment against partial delivery. Any bank charges arising in connection with payment hereunder shall be borne by Buyer. If Buyer fails to satisfy any payment terms of this Contract, Seller at its sole discretion and at Buyer’s expense and risk may resell all or any part of the Goods on account of Buyer, hold all or any part of the Goods on account of Buyer, cancel all or any part of this Contract and/or claim any damages resulting from such breach. In the event of late payment of any amount due hereunder, Seller shall, in addition to any other remedy it may have hereunder or pursuant to applicable law, be entitled to receive interest at the maximum rate allowed by law in the country/state of Buyer or eighteen percent (18%) per annum, whichever is greater, on such late payment until payment is received in full. 6. Increased Costs. Any new, additional or increased freight rates, surcharges (bunker, currency, congestion or other surcharges), taxes, customs duties, export or import surcharges or other governmental charges, or insurance premiums, which may be incurred by Seller with respect to the Goods after the date of this Contract, shall be for the account of Buyer and shall be reimbursed to Seller by Buyer within a reasonable time on demand. 7. Force Majeure. Seller shall not be liable for failure or delay to perform its obligations hereunder due to any reason including, but not limited to, acts of God, earthquake, fire, flood, prohibition of exportation, refusal to issue export license, war, blockade, revolution, insurrection, sub vendor manufacturing delays, civil commotion, riots, mobilization, strikes, lockout, plague, other epidemics, pandemics, or any other causes beyond the control of Seller, and may, at its option, extend the time of shipment or delivery of the Goods or terminate unconditionally and without liability of this Contract to the extent so affected or prevented. 8. Cancellation. If Buyer fails to carry out any of the terms of this and/or any other contract with Seller, or in the event of the death, bankruptcy or insolvency of Buyer, liquidation, modification or reorganization of the corporate structure of Buyer, or nonpayment for any shipment, Seller shall have the right to cancel this and/or any other contract with Buyer or to postpone the shipment, or to stop the Goods in transit, and Buyer shall indemnify, defend and hold Seller harmless from all losses, costs, and expenses resulting from Seller taking any such actions. ANNA, TX MBR SYSTEM WWTP PAGE 11 Kubota Membrane USA Corporation 2024 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. 9. Intellectual Property Rights. Buyer shall defend, indemnify and hold Seller harmless from any and all liability, loss or expense (including reasonable attorney’s fees) arising from or in connection with any actual or alleged infringement of any patent, trademark, copyright, industrial design, registered pattern, trade secret or other similar intellectual property rights used or owned by Seller. 10. Liability of Agent. If this Contract is signed by an agent or on behalf of a principal as Buyer hereunder, whether the principal is disclosed or otherwise, the agent shall be liable not only as agent but also as principal for the performance of the obligations of Buyer under this Contract. This provision shall not affect Buyer’s obligation as principal under this Contract. 11. Construction. The meanings of the terms UCPDC or INCOTERMS, when used in this Contract shall be determined in accordance with the Uniform Customs and Practice for Documentary Credit (“UCPDC”) and Incoterms® (“INCOTERMS”) adopted by the International Chamber of Commerce in effect on the date of this Contract. This Contract shall be governed by the laws of the state of Washington, USA without giving effect to any conflicts of laws principles. This Contract shall not be governed by the United Nations Contracts for the International Sales of Goods, the application of which is expressly excluded. 12. Inspection. Unless otherwise stated on the face of this Contract, any export inspections by Japanese authorities, Seller’s suppliers or Seller shall be considered as final. When Buyer requires special inspection by an independently appointed inspector, Buyer shall inform Seller in writing the details of such special inspection including without limitation the name of such inspector at the time of this Contract. Such especial inspection shall be made promptly upon delivery of the Goods but in any event within two (2) weeks after delivery of the Goods, and all inspection fees and costs therefor shall be borne by Buyer. 13. Warranty. Seller warrants that any Goods delivered hereunder are free from defects in material and workmanship and, if Seller’s specifications are set forth or incorporated by reference on the face hereof, or separately provided to Buyer, will meet such Seller’s specifications. Unless otherwise specified in Seller’s warranty statement set forth or incorporated by reference on the face hereof, or separately provided to Buyer, Seller’s liability under this warranty is limited to repair or replacement of any Goods delivered hereunder that do not conform to this warranty. Buyer shall not be entitled to any remedy for lack of conformity of the Goods, including latent defects, under this warranty if he fails to notify Seller thereof within a six months period commencing on the shipment date of the Goods (and if there are more than one shipment dates, the first shipment date). Such notification shall contain full particulars of such lack of conformity of the Goods to the Seller’s reasonable satisfaction. Notwithstanding anything herein contained to the contrary, Seller shall have no liability under this warranty i) for minor deviations from Seller’s specifications (if applicable) that do not affect the performance of the Goods, or ii) for any lack of conformity of the Goods caused by misuse, neglect, improper installation, handling, operation, or maintenance, repair, alteration, fair wear and tear, erosion or corrosion, or accident, including any damage or loss of the whole or a part of the Goods that occurs after the shipment date. 14. Limitation of Liability. EXCEPT AS EXPRESSLY STATED IN SECTION 13, SELLER HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE GOODS, WHETHER EXPRESS, IMPLIED OR STATUTORY (EXCEPT AS TO TITLE) INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND OTHER IMPLIED WARRANTIES UNDER ANY APPLICABLE LAWS, RULES OR REGULATIONS. SECTION 13 SETS FORTH THE FULL EXTENT OF SELLER’S LIABILITY TO BUYER OR ANY OTHER PARTY FOR ANY BREACH OF WARRANTY WITH RESPECT TO THE GOODS. NOTHWITHSTANDING ANY OTHER PROVISION OF THIS CONTRACT, SELLER’S AGGREGATE AND CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS CONTRACT, INCLUDING WITHOUT LIMITATION ON ACCOUNT OF PERFORMANCE OR NON- PERFORMANCE OF OBLIGATIONS, REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STATUTORY OR OTHERWISE WILL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE FULL CONTRACT AMOUNT OF GOODS STATED ON THE FACE HEREOF. SELLER SHALL HAVE NO LIABILITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE, DELIVERY,NONDELIVERY,STORAGE,USE,MAINTENANCE, CONDITION OR POSSESSION OF THE GOODS. 15. Arbitration. All disputes or controversies which may arise between the parties hereto, out of or in relation to or in connection with this Contract, shall be negotiated in good faith and ANNA, TX MBR SYSTEM WWTP PAGE 12 Kubota Membrane USA Corporation 2024 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. settled by agreement between both parties as promptly as possible. If not amicably settled within 14 days after the first negotiation day, such disputes or controversies shall be settled by arbitration in Seattle, Washington by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection, and judgment on the award rendered by the arbitrators shall be final and binding and may be entered in any court having jurisdiction thereof. All arbitration proceedings shall be held in the English language. 16. Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Washington, USA, for both domestic and international sales contract. All buyers agree that jurisdiction and venue shall be Seattle, Washington State. 17. Liability for Delays and Return Trips. Buyer agrees that if Seller or any of its representative’s must make an additional service trip due to the site conditions not being ready for installation check, start up, or training to compensate them for their cost for additional travel expenses and pay for additional labor at their published labor rates. Additionally, should Buyer (or any of its representative’s) cancel an installation check, start up, or training trip with less than 72 hours’ notice, that Buyer will be liable for any additional travel costs and that the cancelling party will be liable for unused labor at their published labor rates. 18. Change Orders. If it is determined that the Seller needs to supply any other equipment or services not specified in the Sellers Project Proposal, shall warrant a change order. ANNA, TX MBR SYSTEM WWTP PAGE 13 Kubota Membrane USA Corporation 2024 This document is the property of KUBOTA Corporation. This document may not be duplicated and/or published without prior written consent of the owner. 5 Appendix B: P&ID ANNA WWTPTEXASDRAWING LISTI-01I-02I-03I-04I-05I-06I-07I-08I-09I-10I-11I-12I-13I-14I-15I-16I-17I-18COVER SHEETSYMBOLS & LEGEND 1SYMBOLS & LEGEND 2EQUALIZATION BASINANAEROBIC BASINANOXIC BASINPRE-AERATION BASIN 01PRE-AERATION BASIN 02MBR FEED CHANNELMBR BASIN 01MBR BASIN 02RAS PITMBR PERMEATE SYSTEMMBR SCOUR AIR BLOWERSPRE-AERATION & EQ BLOWERSCLEAN-IN-PLACE SYSTEMSLUDGE AERATION BLOWERSSLUDGE HOLDING BASIN INSTRUMENTDISCRETESHARED CONTROLSHARED DISPLAYFUNCTIONCOMPUTERLOGIC CONTROLPROGRAMMABLEACCESSIBLEFIELDABCDEFGHIJKLMNOPQRSTUVWXYZMEASURED ORINITIATING VARIABLEANALYSISBURNER,COMBUSTIONUSER'S CHOICEDENSITYVOLTAGEFLOW RATEUSER'S CHOICEHANDCURRENT(ELECTRICAL)POWERTIME,TIME SCHEDULELEVELMOISTUREUSER'S CHOICEUSER'S CHOICEPRESSURE,VACUUMQUANTITYRADIATIONSPEED,FREQUENCYTEMPERATUREMULTIVARIABLEVIBRATION,MECANICAL ANALYSISWEIGHT,FORCEUNCLASSIFIEDEVENT,STATE,PRESENCEDIFFERENTIALRATIO(FRACTION)SCANTIME RATE OF CHANGEMOMENTARYINTEGRATE,TOTALIZESAFETYX AXISY AXISPOSITION,DIMENSIONZ AXISFIRST LETTERALARMUSER'S CHOICESENSOR(PRIMARY ELEMENT)GLASS,VIEWIG DEVIDEINDICATELIGHTUSER'S CHOICEORIFICE,RESTRICTIONPOINT(TEST) CONNECTIONRECORDMULTIFUNCTIONWELLUNCLASSIFIEDUSER'S CHOICECONTROLCONTROL STATIONUSER'S CHOICESWITCHTRANSMITMULTIFUNCTIONVALVE,DAMPER,OR LOUVERUNCLASSIFIEDRELAY,COMPUTE,CONVERTDRIVER,ACTUATOR,USER'S CHOICEHIGHLOWMIDDLE,INTERMEDIATEUSER'S CHOICEMULTIFUNCTIONUNCLASSIFIEDINSTRUMENT SYMBOL LABEL IDENTIFICATIONSECONDARY PROCESS FLOWMAIN PROCESS FLOWLINE SYMBOLSSECONDARY (EXISTING)NON PROCESS FLOWPNEUMATIC INSTRUMENT AIRANALOG ELECTRIC SIGNALDISCRETE ELECTRIC SIGNALSOFTWARE OR DATA LINKSONIC SIGNAL (UNGUIDED)PASSIVEMODIFIERMODIFIERFUNCTIONOUTPUTFUNCTIONREADOUT ORPLC INPUT/OUTPUTDISCRETE OUTPUTTAGTAGTAG ANALOG INPUTANALOG OUTPUTTAG DISCRETE INPUTINSTRUMENT SYMBOL LABELSSUCCEEDING LETTERSMECHANICAL LINKHYDRAULICPOWER SUPPLYSERVICE AIR AUPPLYTHERMAL MASS FLOWMETERMAGNETIC FLOWMETERTURBINE OR PROPELLER-TYPEPRIMARY ELEMENTROTOMETERSINGLE PORT PITOT TUBE ORAVERAGING PITOT TUBEORIFICE PLATEFLOW PRIMARY ELEMENT SYMBOLSPOSITIVE DISPLACEMENT TYPEFLOW TOTALIZING INDICATORVENTURI TUBESONIC FLOWMETERDENSITY METERI/PLELLORLOSLROCOCROILONOPENOSCRDYRESETRUNSPLOWER EXPLOSIVE LIMITLOCAL-OFF-REMOTELOCK-OUT-STOPLOCAL-REMOTEOPEN-CLOSEOPEN-CLOSE-REMOTELUBRICATING OR COOLING OILON CONDITIONOPEN CONDITION OR COMMANDOPEN-STOP-CLOSEREADY CONDITIONRESET FAILUREMAINTAINED RUN COMMANDSET POINTAMSSDOESTOPFAILHORI/IREMOTE-MANUAL-START-STOP FUNCTIONDISSOLVED OXYGENEMERGENCY STOPFAILURE CONDITIONCURRENT TO CURRENT CONVERTERCURRENT TO PNEUMATIC CONVERTER1/2A/MSELECT 1 OR 2 POSITIONREMOTE-MANUAL SETTINGCONTROL ABBREVIATIONSHAND-OFF-REMOTESSWNDBCNV/PV/ISTART-STOPMOTOR WINDINGBEACONVOLTAGE TO PNEUMATIC CONVERTERVOLTAGE TO CURRENT CONVERTERUNCLASSIFIED,FINALCONTROL ELEMENTCAPILLARY TUBEPITOT-VENTURI TUBETARGET TYPE SENSORVORTEX SENSOR120VSATDFPGNDHMII/OLCPMCCMUXNaOHNCNOOFPLCPTSPUNOGROUNDHUMAN-MACHINE INTERFACEINPUT/OUTPUTLOCAL CONTROL PANELMOTOR CONTROL CENTERTELEMETRY MULTIPLEXINGSODIUM HYDROXIDENORMALLY CLOSEDNORMALLY OPENOVERFLOWPROGRAMMABLE LOGIC CONTROLLERPRESSURE TAGSUMP PUMPUNLESS NOTED OTHERWISECMPTRCSESFCFOCOMPUTERCONSTANT SPEEDELECTRICAL SUPPLYFAIL OPENFIELD PANELAFDASADJUSTABLE FREQUENCY DRIVEAIR SUPPLYGENERAL ABBREVIATIONSFAIL CLOSEDUPSVVSUVUNINTERRUTABLE POWER SUPPLYVENTVARIABLE SPEEDULTRA VIOLETMAIN PROCESS FLOW (EXISTING)IDLOOPCONTROLLOCATIONIDLOOPCONLOCIDLOOPTOPBTMLOCIDLOOPTOPBTMLOCIDLOOPLOCFRONT MAINFRONT AUXINACCESSIBLEREAR MAINACCESSIBLEACCESSIBLEMSCAFFIRINFFEED FORWARDINTERNAL RECYCLEINFLUENTPAAXPMBSMUCIPSBPRE-AERATIONPOST ANOXICMBR BASINSUBMERGED MEMBRANE UNITSPLITTER BOXSCOUR AIRCASPAXCAUSTIC SODAPRE-ANOXICCLEAN IN PLACERASREACTIVATED SLUDGESWDSIDE WATER DEPTHGALGALLONSTEMPTEMPERATUREDODISSOLVED OXYGENINSTINSTRUMENTMCRCMICRO-CTMPTRANS MEMBRANE PRESSUREWASWASTE ACTIVATED SLUDGETURBTURBIDITYRLSRELEASEREQDREQUIREDTYPTYPICALHIHIGHSHCSODIUM HYPOCHLORITECTACITRIC ACIDDRDRAINGATE VALVECHECK VALVEDIAPHRAGM VALVEBUTTERFLY VALVEGLOBAL VALVEPLUG VALVEBALL VALVEPRESSURE RELIEF VALVETELESCOPING VALVENEEDLE VALVEKNIFE GATE VALVEGVGBVBVPVBFVDVCVNVKGVPRVTVROTOMETERRMSLUDGE HOLDINGSHMBRMEMBRANE BIOREACTORPROCESS AIRPA PLANT WATERPWVFDVARIABLE FREQUENCY DRIVESCADASUPERVISORY CONTROL AND DATA ACQUISITION1899PLC / SCADA0708141517SWING BASINPRE-AERATIONSCOUR AIRWASTE ACTIVATED SLUDGEULTRA VIOLET FILTRATIONZONE #01PROCESS DESCRIPTIONPUMP STATIONPROCESS ZONESPROCESS AIR16CLEAN IN PLACE0206HEADWORKS05ANAEROBICPRE-ANOXIC19CHEMICAL ADDITION11REACTIVATED SLUDGE09POST ANOXIC12INTERNAL RECYCLEMEMBRANE BIOREACTORPERMEATE COLLECTIONEQUALIZATIONUSER CHOICE 02DE-OX2004031310INSTRUMENT & FUNCTION SYMBOLSFLOW STREAM ABBREVIATIONSPRMPERMEATECTACITRIC ACIDPWPLANT WATERPIPE LINE NUMBER IDENTIFIERX = PIPE SIZEMTL = PIPE MATERIALSHEET CONNECTION SYMBOLSPROCESS CONNECTION IN THIS CONTRACTX = INSTANCE NUMBEREQUIPMENT LABELSSPEC 01SPEC 02SPEC 03SPEC 04X-MTL-FSA-000FLOW STREAMORIGIN/DESTINATIONFLOW STREAMORIGIN/DESTINATIONORIGIN/DESTINATION000 = INSTANCE NUMBERFSA = FLOW STREAM ABBREVIATIONSCOPEORIGIN/DESTINATIONFLOW STREAMXPROCESS CONNECTION NOT IN THIS CONTRACTPROCESS CONNECTION NOT IN THIS CONTRACTOPTIONALEQUIPMENTNAMEABBREVIATIONPROCESSZONENUMBERINSTANCENUMBERVALVE NUMBER IDENTIFIERX = VALVE SIZEVA = VALVE TYPE ABBREVIATION000 = INSTANCE NUMBERPZ = PROCESS ZONEXVA-PZ-000 CHECK VALVEDIAPHRAGM VALVEBUTTERFLY VALVEGLOBAL VALVEGATE VALVEPLUG VALVEBALL VALVEVALVE SYMBOLSREGULATING VALVE.PRESSURE RELIEF VALVEMOTORCYLINDERSOLENOIDDIAPHRAGM, PRESSUREHANDWHEELDIAPHRAGM, SPRINGVALVE OPERATOR SYMBOLSNEEDLE VALVEPRESSURE REDUCINGSELF-CONTAINEDREGULATING VALVE.BACK PRESSURESELF-CONTAINEDBALANCEDMECHANICAL EQUIPMENT & PIPING SYMBOLS CENTRIFUGAL BLOWERINLET FILTERFLOW STRAIGHTENING VANEINLET SILENCER / FILTERROTARY LOBE PUMPSUBMERSIBLE PUMPFLEXIBLE HOSEMIXERINJECTORHOSE CONNECTIONRUPTURE DISKCENTRIFUGAL PUMPMETERING PUMPPIPE UNIONINLINE MIXERBLIND FLANGEDRAINY-STRAINERSUBMERSIBLE PUMP WITHGUIDE RAILPROGRESSIVE CAVITY PUMPDIAPHRAGM SEALSIZE#SIZE#SIZE#SIZE#SIZE#SIZE#SIZE#SIZE#SIZE#SIZE#SIZE#SIZE#SIZE#SIZE#NORMALLYOPENNORMALLYCLOSED3-WAYSIZE#SIZE#KNIFE GATE VALVESMSIZE#PGDRBY OTHERSBY KMUDRY SUMP PUMPDIAPHRAGM PUMPPARISTALTIC PUMPPOSITIVE DISPLACEMENT PUMPROTARY BLOWERAIR COMPRESSORWEIRSLIDE GATEWALL MOUNT MIXERTELESCOPING VALVESMU SINGLE WITH CASMU DOUBLE WITH CASMU SINGLE WITHOUT CASMU DOUBLE WITHOUT CAELECTRIC MOTORREDUCERFLANGETANK VENTPIPE CAP OR PLUGPIPE WELD CAPCHEMICAL STORAGE TANKROTARY SIEVE DRUM SCREENROTARY DRUM SCREENWASHER CONVEYORSAFETY SHOWERROLLER BIN55 GALLON DRUMFLOW DIRECTION ARROWLINE CROSS PRIMARY PROCESSLINE CROSS SECONDARY PROCESSSCOPE OR SPEC BREAKSILENCERPIPE EXPANSION JOINTCALIBRATION COLUMN SHT I-05TO AN-01INFLUENTA10"-DI-EQ-XXX10" CV-XX 10" CV-XX SHT I-15FROM EQ BLOWERPROCESS AIRN10"-304SS-PA-XXXLE000LT000LI000LEVELLSL000LAL000LOW LEVELLSH000LAH000HIGH LEVELHS000HORVFD000TYP. 3YA000FAILYC000RUNYI000RUNNINGSC000SPEEDMOT000TE000ME000MAH000MOISTTAH000HIGH TEMPYI000REMOTEMOT000TE000ME00010" CV-XXMOT000TE000ME000 10" PV-XX 10" PV-XX 10" PV-XXKKK TSH000MSH000KKKKMFE000FICQ000FLOWKFIT000MCC/MCPMCC/MCPMBR OITKMBR PLCKMBR PLCKMBR OITKINFLUENTFROM INFLUENT CHANNELTE000MOT000HS000HORVFD000YI000RUNNINGYC000RUNYA000FAILTAH000HIGH TEMPMOT000ZSC000ZSO000ZIC000CLOSEYC000OPEN/CLOSEYA000FAILZIO000OPENYI000REMOTESC000SPEEDKRELAYKFE000 FICQ000FLOWKFIT00010"x6" SHT I-04FROM EQ-01INFLUENTASHT I-06TO AX-01PROCESS FLOWBYI000REMOTEYI000RUNNINGYC000RUNYA000FAILTAH000HIGH TEMPMAH000MOISTKSHT I-06FROM AX-01INTERNAL RECYCLED10"-DI-IR-XXXLSL000LAL000LOW LEVELLSH000LAH000HIGH LEVELKK(TYP. OF 2)10"-DI-EQ-XXXMCC/MCPMCC/MCPMBR OITKMBR PLCKMBR PLCKMBR OITKTE000ME000MOT000HS000HORJC000TSH000MSH000TYP. 2KRELAYINFLUENTFROM INFLUENT CHANNELMOT000ZSC000ZSO000ZIC000CLOSEYC000OPEN/CLOSEYA000FAILZIO000OPENKFE000FICQ000FLOWKFIT000 SHT I-10FROM RP-01RASJ24"-DI-RAS-XXXSHT I-05FROM AN-01PROCESS FLOWBSHT I-07TO PA-01PROCESS FLOWC1TE000ME000MOT000K(TYP. OF 2)HS000HORJC000TSH000MSH000YI000REMOTEYI000RUNNINGYC000RUNYA000FAILTAH000HIGH TEMPMAH000MOISTLSL000LAL000LOW LEVELLSH000LAH000HIGH LEVELKKLE000LT000LI000LEVELKSHT I-05TO AN-01INTERNAL RECYCLED10"-DI-IR-XXXMOT000TE000ME000KMFE000FIC000FLOWKFIT000HS000HORVFD000YA000FAILYC000RUNYI000RUNNINGSC000SPEEDMAH000MOISTTAH000HIGH TEMPYI000REMOTETSH000MSH000MCC/MCPMCC/MCPMBR OITKMBR PLCKMBR PLCKMBR OITK10" CV-XX 10" PV-XX TYP. 2SHT I-08TO PA-02PROCESS FLOWC2RELAYK KRELAY KK SHT I-15FROM PA BLOWERSPROCESS AIRL116"-304SS-PA-XXXSHT I-06FROM AX-01PROCESS FLOWC1SHT I-09TO FC-01PROCESS FLOWE1KLSL000LAL000LOW LEVELBY OTHERSBY KMUKMCC/MCPMCC/MCPMBR OITKMBR PLCKMBR PLCKMBR OITK16"x8"LSH000LAH000HIGH LEVELK8" BF-XX AE000TSSKAI000TSSAIT000KFROM TSS PROBEIN PA-02 (P&ID I-08)AI000TSSAE000pHKAI000pHAIT000KFROM pH PROBEIN PA-02 (P&ID I-08)AI000pHAE000DOKAIC000DOAIT000KFROM DO PROBEIN PA-02 (P&ID I-08)AI000TEMPAIC000DOAI000TEMP SHT I-15FROM PA BLOWERSPROCESS AIRL216"-304SS-PA-XXXSHT I-06FROM AX-01PROCESS FLOWC2SHT I-09TO FC-01PROCESS FLOWE2KBY OTHERSBY KMUMCC/MCPMCC/MCPMBR OITKMBR PLCKMBR PLCKMBR OITK16"x8" 8" BF-XX KTO SHARED pHTRANSMITTER (P&ID I-07)LSL000LAL000LOW LEVELKLSH000LAH000HIGH LEVELKAE000TSSKAE000pHAE000DOKKTO SHARED TSSTRANSMITTER (P&ID I-07)TO SHARED DO/TEMPTRANSMITTER (P&ID I-07) SHT I-07FROM PA-01PROCESS FLOWE1SHT I-10TO MB-01PROCESS FLOWF1SHT I-11TO MB-02PROCESS FLOWF2MCC/MCPMCC/MCPMBR OITKMBR PLCKMBR PLCKMBR OITKKSHT I-08FROM PA-02PROCESS FLOWE2KKK SHT I-09FROM FC-01PROCESS FLOWF1SHT I-14FROM MBR BLOWERSSCOUR AIRK1SHT I-16FROM CIP SYSTEMCIPM14"-PVC-CIP-XXX12"-304SS-SCA-XXX3" BV-XX 3"BV-XX3"BV-XX SHT I-13TO PERMEATE SYSTEMPERMEATEG110"-PVC-PRM-XXX3" BV-XX 3" BV-XX3" BV-XX 3" BV-XX 3" BV-XX3" BV-XX 3" BV-XX 3" BV-XX3" BV-XX 3" BV-XX 3" BV-XX3" BV-XX 3" BV-XX 3" BV-XX3" BV-XX 10"BF-XXKKKKKKKKKKKKKKKKKKKKKKKK3" BV-XX 3" BV-XX KKK3" BV-XXK SHT I-12TO RP-01RASH1LI000LEVELKLE000LT000KMCC/MCPMCC/MCPMBR OITKMBR PLCKMBR PLCKMBR OITKLSL000LAL000LOW LEVELKLSH000LAH000HIGH 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3/4"BV-XX3/4"BV-XX1"x3/4"1"x3/4"K MCC/MCPMCC/MCPMBR OITKMBR PLCKMBR PLCKMBR OITK6"-304SS-PA-XXXSHT I-18TO SH-01PROCESS AIRPX"PRV-XXX"CV-XX3"BF-XXKSOUNDENCLOSUREPG000PG000TG000TSH000MOT000TSH000X"PRV-XXX"CV-XXKSOUNDENCLOSUREPG000PG000TG000TSH000MOT000TSH0003"BF-XXTYP. 2HS0000HORVFD0000YC000RUNYI000RUNNINGSC000SPEEDYA000FAILYI000REMOTETAH000HIGH TEMPTAH000HIGH TEMP6"x3"6"x3" MCC/MCPMCC/MCPMBR OITKMBR PLCKMBR PLCKMBR OITK6"-304SS-PA-XXXLE000LT000LI000LEVELLSL000LAL000LOW LEVELLSH000LAH000HIGH LEVELKKKKSHT I-12FROM RP-01WASQSHT I-17FROM SH BLOWERSPROCESS AIRP6"-PVC-WAS-XXXBY OTHERSBY KMU6"x4" 1 Jeremy L. Miller From:Codianne, Brian <brian.codianne@kubota.com> Sent:Thursday, October 10, 2024 8:37 AM To:Jeremy L. Miller Cc:Mark Miner Subject:[EXTERNAL] Re: Pre-Selected Package 2.06 EXTERNAL EMAIL - Please be cautious when opening links or attachments Jeremy, I appreciate the update. 1. The pricing will be held through November 2024 for the provided proposal. 2. We are in agreement with Terms and Conditions article 7 revisions. Let me know if you need anything. Thanks Brian Codianne Regional Manager KUBOTA Membrane USA Corporation Austin, TX Mobile: +1-425-898-3888 E-mail: brian.codianne@kubota.com kubota-membrane.com On Wed, Oct 9, 2024 at 12:13 PM Jeremy L. Miller <jlmiller@garney.com> wrote: Bruce, Kubota’s proposal will be going to the City Council for approval and has to be submitted to the Owner by Monday of next week to make it to the next Council meeting. Based on approval at the next Council meeting we anticipate being able to issue Kubota a purchase order within the next couple of weeks. CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE ORDERS IN THE AMOUNT NOT TO EXCEED ELEVEN MILLION NINE HUNDRED EIGHT THOUSAND FIVE HUNDRED NINETY- ONE DOLLARS AND ZERO CENTS ($11,908,591.00) TO GARNEY COMPANIES, INCORPORATED FOR THE CONSTRUCTION AND INSTALLATION OF EQUIPMENT AND MATERIALS AT THE HURRICANE CREEK REGIONAL WASTEWATER TREATMENT PLANT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Hurricane Creek Regional Wastewater Treatment project is identified as a Community Investment Program construction project in the City of Anna; and, WHEREAS, the City completed a publicly advertised request for proposal process for Construction Manager At Risk Services for the project, and opened the proposals on June 29, 2023; and, WHEREAS, Council awarded the contract to Garney Companies, Incorporated to represent the City of Anna as the Construction Manager At Risk for the project in Resolution 2023-07-1495 on July 25; and, WHEREAS, funding for the project, including the above packages, is included in the adopted Fiscal Year 2023-24 Budget, as shown in the City of Anna Capital Improvement Plan; and, WHEREAS, Garney Companies, Incorporated utilized design plans and specification for the project to bid out the WRF Pre Selected Wastewater Treatment Equipment Package as shown in Exhibit A. 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 Payment and Funding. That the City Council of the City of Anna hereby authorizes the City Manager to execute a purchase order in the amount not to exceed $11,908,591.00 to Garney Companies, Incorporated for the Bid Packages Shown in Exhibit B. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of September 2024. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Pete Cain Exhibit A Exhibit B Item No. 7.a. City Council Agenda Staff Report Meeting Date: 10/22/2024 Staff Contact: Stephanie Scott-Sims AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on a request to rezone one lot on 1.0± acre from SF-1 Single Family Residential District to Downtown (DT) District. Located on the east side of North Powell Parkway, 530± feet south of Fern Street. (Zone 24-0001) (Director of Development Services Stephanie Scott-Sims) SUMMARY: At its October 7, 2024 meeting, the Planning & Zoning Commission recommended denial. In accordance with Article 9, Section 9.02(c) of the Home Rule Charter, a vote of three- fourths of the Council members present, or four votes, whichever is greater, is required to overrule a recommendation of the Commission that a proposed zoning amendment, supplement, or change be denied. An Ordinance is provided should the Council have a super-majority vote of approval of the zoning request. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The applicant is proposing to rezone the property to the Downtown (DT) District. The applicant proposes to convert the existing single family residential home on the site to a restaurant use. Surrounding Land Use and Zoning North Single-family detached dwelling zoned SF-1 East Single-family detached dwelling zoned SF-1 South Single-family detached dwelling zoned C-1 West Across N Powell Pkwy, Mobile Home Park zoned MF-1, MH, & I-1 Future Land Use Plan The Anna 2050 Downtown Master Plan divides the Downtown area into two distinct sub-areas – the Downtown Core and the Downtown Neighborhood. The boundaries of these areas reflect differences in the key attributes and potential future uses in each area. According to the Plan, the Downtown Core is bounded by FM455/White Street on the south, Slayter Creek on the west, Hackberry Lane on the north and Easton Street and East Hackberry Lane on the east and is envisioned as the heart of the community, with the potential for outdoor recreation and entertainment, local boutiques and shops and restaurants. The Downtown Neighborhood area surrounds the Downtown Core and is characterized by a different development pattern, with larger block sizes containing single-family residences and undeveloped land. This area feeds into the Core and provides the largest catalytic sites for Downtown development with a potential for mixed uses and urban living. The Downtown Neighborhood area is intended to provide a transition from the Downtown Core to the rest of the community. The property in question is located within the Downtown Neighborhood subarea. Downtown Development Character Areas Within the Downtown Core and Downtown Neighborhood subareas, the Plan identifies future development patterns through five distinctive Character Areas: (1) Retail Center, (2) Catalyst Areas, (3) Adaptive Reuse/Infill, (4) Intown Residential, and (5) Transitional Development. The property in question is identified as having the potential for Intown Residential development. Intown Residential areas provide the critical residential base necessary to support the businesses envisioned in the Downtown Core. The applicant is proposing to convert the existing single-family residential home on the property into a restaurant. See Exhibit A – Concept Plan. The conversion of the existing single-family home into a commercial use is not consistent with the Downtown Master Plan’s classification of the property as Intown Residential. Proposed Use The applicant is proposing to convert the existing one-story, 1970s ranch style single- family residential home on the property into a restaurant. See Exhibit A – Concept Plan and Exhibit B – Existing Conditions. Staff does not support the proposed use of the property. The property’s location is not suitable for successful commercial uses. Generally, successful commercial uses are located at or near major commercial corridors and intersections, or within commercial districts, like the Downtown Core. The property is located over 800 feet south of the major intersection at W. Rosamond Parkway and approximately 1,430 feet north of the major intersection at White Street. While the home is located on N. Powell Parkway, a primary road in the city, this section of N. Powell Parkway is clearly residential in nature, which supports the city’s designation of this area as Intown Residential in the Comprehensive Plan. The property is surrounded by similar single-family residential uses. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. New York Hibachi, Block A, Lot 1 (Zone 24-0001) - Locator Map 2. New York Hibachi, Block A, Lot 1 (Zone 24-0001) - Ordinance 3. New York Hibachi, Block A, Lot 1 (Zone 24-0001) - Ordinance Exhibit 1 (Survey) 4. New York Hibachi, Block A, Lot 1 (Zone 24-0001) - Staff Report Exhibit A Concept Plan 5. New York Hibachi, Block A, Lot 1 (Zone 24-0001) - Staff Report Exhibit B Existing Conditions 6. Anna 2050 Downtown Master Plan - Intown Residential 7. New York Hibachi, Block A, Lot 1 (Zone 24-0001) - Response Letters MAPLE PACKSADDLE LAKE DR CORRAL CREEK LN ANTHONY S T LAKEALPINETRLNRIGGINSSTN SHERLEY AVEWHEELERLAKEDRROSE WAY Q UAILN POWELL PKWYOAKFERN ST FM 2862 East ForkTr i n it y R i v er121 V a n A l s t y n e 75 SH 121 SH 5 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 300 600150 Feet October 2024 U:\GIS\Notification Maps\Notification Maps\ New York Hibachi, Block A, Lot 1 Zoning (Zone 24-0001) Inset Map 1 CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the east side of North Powell Parkway, 530± feet south of Fern Street) ORDINANCE NO. ________________ AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY’S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas (“City”) has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning change on Property described and depicted in Exhibit 1 (Survey) (“Property”) attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located on the east side of North Powell Parkway, 530± feet south of Fern Street, being rezoned from Agricultural (AG) District to Downtown – (DT) District zoning; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna (“City Council”) have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2.Zoning Change The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described and depicted in Exhibit 1 (Survey) from Agricultural (AG) District to Downtown (DT) District zoning. 2 Section 3.Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4.Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5.Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6.Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 22nd day of October, 2024. ATTESTED: APPROVED: ________________________________ _________________________ Carrie L. Land, City Secretary Pete Cain, Mayor 0'10'20'40'60'0'10'20'40'60' REVISIONS SHEET ISSUE FOR PERMIT 08-31-2024 BC 89538 C-1 SITE EXHIBIT B - EXISTING CONDITIONS EXHIBIT B - EXISTING CONDITIONS Development Services RECEIVED 10/03/2024 TBD TBD Development Services RECEIVED 10/03/2024 1 of 2 921 North Riggins St. Anna, TX 75409 10/03/2024 Development Services RECEIVED 10/03/2024 2 of 2 Frank Farshad 2430 Pebble Beach Dr, League City, TX 77573 10/3/2024 Development Services RECEIVED 10/03/2024 Item No. 7.b. City Council Agenda Staff Report Meeting Date: 10/22/2024 Staff Contact: Bernie Parker AGENDA ITEM: Consider/Discuss/Action on a Resolution approving an Economic Development Incentive Agreement with the Seitz Group, Inc. for Commercial/Retail Development. (Director of Economic Development Bernie Parker) SUMMARY: Staff recommends approval of the Economic Development Incentive Agreement with the Seitz Group, Inc. FINANCIAL IMPACT: Maximum Reimbursement amount $3,680,709 for Roadway Public Infrastructure and Water Public Infrastructure. BACKGROUND: The Economic Development Staff was approached months ago regarding a national brand grocer along with 8 retail out parcels at the intersection of Rosamond and US Hwy 75 in the City of Anna. Since the development is a major retailer and target for the city, staff worked with the City Attorney to draft an Economic Development Incentive Agreement for City Council consideration. The Seitz Group are working on developing a 27 acre site located at the intersection of Rosamond Parkway and US 75. They are looking to build 123,000 square feet National Grocer, and 8 out parcels. The Agreement requires Seitz Group to complete construction of Grocery Improvements by December 31, 2027 to receive incentives. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Vibrant. ATTACHMENTS: 1. (SEITZ) ANNA SEC CORNER -- Incentives Agreement Page 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING AN INCENTIVE AGREEMENT WITH SEITZ GROUP, INC. WHEREAS, Seitz Group, Inc. (the “Developer”) is in the process of developing property for commercial and retail use (the “Project”) at the southeast corner of the intersection of Highway 75 and Rosamond Parkway, in the City of Anna, County of Collin, State of Texas, as generally depicted in Exhibit A to the subject Economic Development Incentive Agreement attached hereto as Exhibit 1 (the “Agreement”); and WHEREAS, the City has found that the Project and associated incentives provided by the City will promote new or expanded business enterprises; and WHEREAS, the City is authorized to provide the incentives under Chapter 380 of the Texas Local Government Code and said incentives as described in the Agreement are in exchange for and conditioned upon Developer timely meeting its obligations under the Agreement; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. Findings. The findings set forth above are incorporated herein for all purposes as if set forth in full. SECTION 2. Approval of Project and Agreement The City Council of the City of Anna, Texas hereby approves the Agreement attached hereto as Exhibit 1, incorporated herein for all purposes, and authorizes the Mayor to execute the same on its behalf, subject to approval as to form by legal counsel for the City, said Agreement to be effective upon its passage and as set forth in said Agreement. SECTION 3. Administration The City hereby authorizes the City Manager or his designee to administer the Agreement. PASSED, APPROVED AND ADOPTED by the City Council of the City of Anna, Texas, on this the 22nd day of October 2024. Pete Cain, Mayor ATTEST: Carrie L. Land, City Secretary ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 1 ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT This ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT (this “Agreement”) is made and entered into as of ______________, 2024 (the “Effective Date”), by and between the City of Anna, Texas (the “City”) and Seitz Group, Inc. (“Developer”) (each a “Party” and collectively the “Parties”). WHEREAS, that certain real property consisting of approximately 27.356 acres of land located at or near the southeast corner of the intersection of Highway 75 and Rosamond Parkway, in the City of Anna, County of Collin, State of Texas, as generally depicted as in Exhibit A attached hereto and incorporated by reference (“the Property”), is in the process of being acquired in order to be developed and used by Developer for a new retail grocery store anchor and adjoining fuel center and other strip center retail uses; and WHEREAS, the construction and installation of the Grocery Improvements (defined below) and the Retail Improvements (defined below) will require installation of certain public roadway improvements and associated infrastructure necessary to serve the Property as more particularly described and depicted on Exhibit B, and the estimated budgeted costs of which are shown on Exhibit D (the “Roadway Public Infrastructure”) and water improvements and associated infrastructure necessary to serve the Property as more particularly described and depicted on Exhibit C, and the estimated budgeted costs of which are shown on Exhibit D (the “Water Public Infrastructure”); and WHEREAS, Developer has requested certain economic development incentives for development of the Property to defray a portion of the costs of the Grocery Improvements, the Retail Improvements, the Roadway Public Infrastructure and the Water Public Infrastructure; and WHEREAS, Chapter 380 of the Texas Local Government Code provides that Texas municipalities may create programs to promote local economic development; and WHEREAS, the City has concluded and hereby finds that the Grocery Improvements, the Retail Improvements, the Roadway Public Infrastructure, Water Public Infrastructure and this Agreement clearly promote economic development in the City and, as such, meets the requisites under Chapter 380 of the Texas Local Government Code, as amended, and further, is in the best interests of the City and Developer; and WHEREAS, the City has determined that making economic development grants to Developer in accordance with this Agreement will further the objectives of the City, will benefit the City and the City's inhabitants, will promote local economic development, will stimulate commercial and business activity, and will generate additional sales tax and will enhance the property tax base and economic vitality of the City; and EXHIBIT 1 ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 2 WHEREAS, the City has adopted programs for promoting economic development, and this Agreement and the economic development incentives set forth herein are given and provided by the City pursuant to and in accordance with those programs. NOW, THEREFORE, in consideration of the foregoing premises and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Developer covenant and agree as follows: Section 1. Definitions. For purposes of this Agreement, each of the following terms shall have the meanings set forth below unless the context clearly indicates otherwise: “Bankruptcy or Insolvency'' shall mean the dissolution or termination of a Party’s existence as a going business, insolvency, appointment of receiver for any part of such Party’s property and such appointment is not terminated within one hundred twenty (120) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such Party and such proceeding is not dismissed within one hundred twenty (120) days after the filing thereof. “City Regulations” means the City’s applicable development regulations in effect on the Effective Date, including without limitation City code provisions, ordinances, design standards (including, without limitation, pavement thickness); provided, however, nothing herein shall be construed as a waiver by the Developer or any owner of all or a portion of the Property of any rights or protections that may exist under Chapter 3000 of the Texas Government Code, as it exists or may be amended, with respect to any existing or future improvements on the Property. “Commencement Date” shall mean the date a certificate of occupancy is issued by the City for occupancy of the Retail Improvements or the Grocery Improvements, as applicable. “Completion of Construction of the Grocery Improvements” shall mean that (i) the Grocery Improvements are sufficiently complete, so as to be operational and fit for the intended use, and only minor items such as touch-up, adjustments, and minor replacements or installations remain to be completed; and (ii) the City has issued a certificate of occupancy for occupancy of the Grocery Improvements. “Completion of Construction of Roadway Public Infrastructure and Water Infrastructure” shall mean that the Roadway Public Infrastructure and the Water Public Infrastructure is sufficiently complete, so as to be operational and fit for the intended use, and only minor items such as touch-up, adjustments, and minor replacements or installations remain to be completed. “Effective Date” shall mean the last date of execution hereof. “Expiration Date” shall mean the earlier of (a) the date on which Developer has been reimbursed for the costs of construction of the Roadway Public Infrastructure and the Water ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 3 Public Infrastructure, and all the Impact Fee Credits in Section 2(a) have been issued or (b) the date that is ten years from the Effective Date of this Agreement. “Force Majeure Event” shall mean any contingency or cause beyond the reasonable control of a Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, government or de facto governmental action or inaction (unless caused by the intentionally wrongful acts or omissions of the Party), fires, explosions or floods, strikes, slowdowns or work stoppages, and epidemic, pandemic or other widespread disease (and including delays due thereto continuing after such event has ended). “Grocery Improvements” shall mean a grocery store containing not less than approximately 100,000 square feet and an adjoining fuel center to be constructed on the Property, as more fully described in the submittals filed by Developer, or any of its agents, with the City, from time to time, in order to obtain a building permit(s). For the avoidance of doubt, the Grocery Improvements shall only include those improvements constructed on Lot 1and Lot 7 as identified in Exhibit A, and shall not include any other lots or outparcels located on the Property. “Impact Fees” shall mean the water, wastewater, and roadway impact fees assessed and charged against the Grocery Improvements and the Retail Improvements in accordance with Chapter 395 as set forth in this Agreement. “Party” shall mean any party to this Agreement. “Property” shall mean the real property described in Exhibit A. “Public Infrastructure,” generally, shall mean all water, wastewater/sewer, detention and drainage, roadway, park and trail, and other infrastructure serving the Property which is dedicated to the City. Such term includes the Roadway Public Infrastructure and the Water Public Infrastructure. “Real Property Records” means the official land recordings of the Collin County Clerk’s Office. “Reimbursable Construction Costs” shall mean the costs of design and construction of the Roadway Public Infrastructure and Water Public Infrastructure as further described in this Agreement but shall not include costs or expenses associated with right-of-way, land, or easement acquisition costs. “Retail Improvements” shall mean the retail strip center to be constructed on the Property to the north of the Grocery Improvements containing not less than 20,000 square feet as more fully described in the submittals filed by Developer, or any of its agents, with the City, from time to time, in order to obtain a building permit(s). For the avoidance of doubt, the Retail Improvements shall only include those improvements constructed on Lot 9 as identified in Exhibit A, and shall not include any other lots or outparcels located on the Property, regardless of whether such outparcels contain retail type development. ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 4 “Roadway Public Infrastructure” shall mean (i) two southbound lanes of Buddy Hayes extending from the intersection of Buddy Hayes Boulevard and Rosamond Parkway to the proposed driveway providing ingress/egress into the Property and (ii) the two eastbound lanes of Rosamond Parkway from the US-75 Access Road extending east of Buddy Hayes Boulevard and associated public infrastructure, including but not limited to public utilities, drainage improvements, sidewalks, landscaping and associated irrigation, and streetlights to be installed in connection therewith, as further described and depicted in Exhibit B. “Water Public Infrastructure” shall mean (i) a 12-inch diameter water main from a point approximately 830 feet north of the northeast corner of Hackberry Drive and the US-75 Access Road to the intersection of Rosamond Parkway and the US-75 Access Road and (ii) a 12-inch diameter water main from the intersection of Rosamond Parkway and the US-75 Access Road to the intersection of Rosamond Parkway and Buddy Hayes Boulevard, including but not limited to 12-inch water main pipe, valves, hydrants, and appurtenances, as further described and depicted in Exhibit C. Section 2. Incentives. (a) Impact Fee Credits. The City shall provide to the Developer or any owner or developer of the Grocery Improvements or Retail Improvements, as applicable, as consideration for the construction of the Grocery Improvements, the Retail Improvements, the Roadway Public Infrastructure, and the Water Public Infrastructure, a credit for Impact Fees to be assessed by the City related to the Grocery Improvements and the Retail Improvements in an amount equal to the amount of Impact Fees that would otherwise be due for the Grocery Improvements and the Retail Improvements, respectively (calculated in accordance with the City’s Impact Fee Ordinance in effect at the time of application for a building permit for the Grocery Improvements or the Retail Improvements, respectively). For each of the Grocery Improvements and the Retail Improvements, the credit shall be applied at the time of application for a building permit or such earlier time as is necessary to ensure that the credit shall be applied when the Impact Fees are due, without causing any delay to construction of the Grocery Improvements or Retail Improvements, as applicable. For clarity and notwithstanding anything to the contrary in this Agreement, the Impact Fee credit shall not be withheld or delayed until Developer has satisfied all obligations under this Agreement; provided, however that if Developer does not timely meet its obligations under Sections 3(a)-(c) of this Agreement then the City may revoke the Impact Fee credits described in this paragraph by providing written notice of the revocation to the Developer or any owner of the Grocery Improvements or Retail Improvements, as applicable, at which time the Impact Fees which would have previously been due for constructed buildings on Lots 1, 7, and 9 shall be due and owing to the City and shall be paid by any owner of the Grocery Improvements or Retail Improvements, as applicable, within 30 days of delivery of the notice of revocation, which notice shall state the amount of Impact Fees due as a result of such revocation. In the event that construction of the buildings on Lots 1, 7, and/or 9 has not been commenced as of the date of delivery of a notice of revocation as described in the preceding sentence, Impact Fees shall be due on Lots 1, 7 and/or 9 in accordance with City Regulations. (b) Reimbursable Construction Costs. In exchange for Developer timely and completely satisfying its obligations to construct the Roadway Public Infrastructure and Water ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 5 Public Infrastructure under this Agreement, the City shall provide reimbursement to Developer for the Reimbursable Construction Costs of the Roadway Public Infrastructure and for the Reimbursable Construction Costs of the Water Public Infrastructure in a total amount not to exceed $3,680,709 (the “Maximum Reimbursement Amount”), which Maximum Reimbursement Amount is in addition to the Impact Fee Credits provided for in Section 2(a) above; provided, however, that if the actual cost to construct and/or effectuate the Roadway Public Infrastructure and Water Public Infrastructure is less than the Maximum Reimbursement Amount, Developer shall only receive the actual costs of the Roadway Public Infrastructure and Water Public Infrastructure. In no event shall the City be required to provide reimbursements in an amount greater than the Maximum Reimbursement Amount even if the actual cost of the Roadway Public Infrastructure and Water Public Infrastructure exceeds the Maximum Reimbursement Amount. At the Completion of Construction of the Roadway Public Infrastructure and the Water Public Infrastructure, Developer shall provide any and all documentation satisfactory to the City Manager or City Engineer, in the City Manager’s or City Engineers’ discretion, evidencing the actual costs of the Reimbursable Construction Costs of the Roadway Public Infrastructure and Water Public Infrastructure. (c) Review of Construction and Engineering Plans. The City will use reasonable efforts to expedite review of civil engineering plans for the Project, the Grocery Improvements, the Retail Improvements, the Roadway Public Infrastructure, and the Water Public Infrastructure, with the understanding and acknowledgement that the City’s review process may include comments that need to be addressed by Developer or owner of the Grocery Improvements or Retail Improvements. The City shall not unreasonably delay or withhold approval of plans that conform with applicable City Regulations. (d) Improvements Requiring Approval of Texas Department of Transportation (“TxDOT”). The Parties understand and acknowledge that the City cannot control the determinations or decisions made by TxDOT. The City will reasonably cooperate with TxDOT to attempt to facilitate any necessary approvals from TxDOT for the TxDOT roadway improvements being constructed on the west side of the site (which TxDOT improvements will be constructed at Developer’s cost). Section 3. Obligations. The obligation of the City to provide the Incentives described in Section 2 shall be conditioned upon the compliance and satisfaction of each of the terms and conditions of this Agreement by Developer including without limitation each of the terms and conditions set forth below: (a) Required Construction of Roadway Public Infrastructure and Water Public Infrastructure; Other Public Infrastructure. Developer shall construct the Roadway Public Infrastructure and Water Public Infrastructure and shall complete such Roadway Public Infrastructure and Water Public Infrastructure in sufficient time to allow for the opening of the Grocery Improvements for use by the public by the Grocery Improvement Deadline as may be extended as set forth below for obtaining the certificates of occupancy for the Grocery Improvements. ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 6 (b) Completion of Construction of the Grocery Improvements; Employment Requirements. (1) Developer shall cause Completion of Construction of the Grocery Improvements and shall obtain the certificates of occupancy necessary to open to the Grocery Improvements to the public for the intended grocery and fuel store uses on or before December 31, 2027 (the “Grocery Improvements Deadline”). Notwithstanding the foregoing, Developer may: (i) extend the Grocery Improvements Deadline for a six- month period by delivering a written notice of extension to the City on or before the Grocery Improvements Deadline, and upon the delivery of such notice, the Grocery Improvements Deadline shall be extended to June 30, 2028; and (ii) extend the Grocery Improvements Deadline for a second six-month period by delivering a written notice of such second extension to the City on or before the expiration of the first six-month extension period, and upon the delivery of such notice, the Grocery Improvements Deadline shall be extended to December 31, 2028 (the “Outside Grocery Improvements Deadline”). Such extensions requested by the Developer as described in the preceding sentence shall be automatic upon delivery of notice and shall not require separate approval of the City. Notwithstanding the foregoing or any other provision of this Agreement, the Grocery Improvements Deadline shall not be extended beyond the Outside Grocery Improvements Deadline set forth in this paragraph unless this Agreement is amended to expressly provide for an additional extension by the mutual written agreement of the Parties. (2) Developer shall cause the tenant or purchaser of the Grocery Improvements to agree to employ, during the Term of this Agreement not less than 175 full-time equivalent employees, which shall be calculated by the number of total hours worked by employees working in the Grocery Improvements, divided by the maximum number of compensable hours for a full-time work schedule (35hrs/week). (c) Required Use. During the term of this Agreement following the applicable Commencement Date and continuing thereafter until the Expiration Date, the Retail Improvements shall not be used for any purpose other than a retail strip center and the Grocery Improvements shall not be used for any other purpose than a grocery and fuel center. (d) Ownership. During the term of this Agreement, Developer may sell all or a portion of the Property; provided, however, Developer shall remain liable for all obligations hereunder other than any obligations properly assigned pursuant to Section 27. For clarity, the City acknowledges that the Developer may transfer all or a portion of the Property for development of the Grocery Improvements or Retail Improvements, and the City shall provide the Impact Fee Credits under Section 2(a) to the owners of the Grocery Improvements or Retails Improvements, as applicable. Section 4. Additional Agreements. (a) Construction of Roadway Public Infrastructure, Water Public Infrastructure, and Public Infrastructure, Developer hereby represents and warrants that all construction and ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 7 inspection activities and improvements in connection with or relating to the Project shall (i) be conducted in a good, safe, and workmanlike manner; and (ii) materially comply with the City Regulations. Unless otherwise provided herein, Developer further agrees and acknowledges that the City shall have no responsibility to perform, monitor, supervise, manage, inspect, or control the construction of the Project or related improvements. However, the City shall have the right, but not the duty, to inspect the progress of Developer’s construction of the Project and related improvements. Moreover, Developer hereby represents and warrants that it shall timely and fully pay all applicable fees, including, but not limited to, impact fees (except to the extent such impact fees are credited as provided herein), permit fees, and inspection fees, which fees shall be paid by Developer in accordance with City Regulations and other development requirements including, without limitation, those imposed by the City and any other governing body or entity with jurisdiction over the Property or Project. (b) Ownership. All Public Infrastructure required for the development of the Property shall be owned by the City upon acceptance of said improvements by the City. Developer agrees to take any action reasonably required by the City to transfer or otherwise dedicate or ensure the dedication of land, right of way, or easements for said Public Infrastructure to the City and the public. (c) Infrastructure, Generally. Except as otherwise expressly provided for in this Agreement, Developer shall provide all infrastructure necessary to serve the Property, including, without limitation, streets, utilities, drainage, sidewalks, trails, street lighting, street signage, and all other required improvements, at no cost to the City, except as expressly provided in this Agreement, and in accordance with City Regulations, and as approved by the City’s engineer or his or her agent. Developer shall cause the installation of such improvements within all applicable time frames in accordance with the City Regulations, unless otherwise approved herein. Developer shall provide engineering studies, plan/profile sheets, and other construction documents at the time of platting as required by City Regulations. Such plans shall be approved by the City’s engineer or his or her agent prior to approval of a final plat. No final plat may be recorded in the Real Property Records of Collin County until construction of all Public Infrastructure shown thereon have been constructed, and thereafter inspected, approved and accepted by the City. Notwithstanding anything contained in this Agreement or in the City Regulations, the Developer, subsequent owner, or anchor tenant may apply for a building permit prior to the completion and acceptance of Public Infrastructure or the filing of a final plat, and the City shall not withhold approval of such building permit pending completion of the Public Infrastructure or a final plat. Notwithstanding the foregoing, the City shall not be required to provide a certificate of occupancy until the Roadway Public Infrastructure and Water Public Infrastructure are accepted. (d) Inspections, Generally. The City shall have the right to inspect, at any time, the construction of the Public Infrastructure. The City’s inspections and/or approvals shall not release Developer from its responsibility to construct, or cause the construction of, adequate Public Infrastructure in accordance with approved engineering plans, construction plans, and other approved plans related to development of the Property. Acceptance by the City shall not be unreasonably withheld. ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 8 (e) Approval of Plats/Plans. The design of any Public Infrastructure shall be approved by the City in advance of the construction of the same. Approval by the City, the City’s engineer or other City employee or representative, of any plans, designs or specifications submitted by Developer pursuant to this Agreement or pursuant to City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developer, its engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by Developer or Developer’s engineer, or engineer's officers, agents, servants or employees, it being the intent of the Parties that approval by the City’s engineer signifies the City’s approval on only the general design concept of the improvements to be constructed. (f) Performance Bond, Payment Bond, Maintenance Bond, and Other Security. For each construction contract for any part of the Public Infrastructure, generally, Developer or Developer’s contractor must execute a performance bond in favor of the City and a payment bond for the construction and work covered by those contracts, which bonds shall be (i) in accordance with Texas Government Code, Chapter 2253; (ii) any and all applicable City Regulations; and (iii) approved by the City. For each construction contract for any part of the Public Infrastructure, Developer or Developer’s contractor further must execute a maintenance bond in accordance with applicable City Regulations that guarantee the costs of any repairs which may become necessary to any part of the construction work performed in connection with the Public Infrastructure, arising from defective workmanship or materials used therein, for a full period of not less than two (2) years from the date of final acceptance of the Public Infrastructure constructed under such contract. (g) Eminent Domain. The Developer agrees to use commercially reasonable efforts to obtain all third-party rights-of-way, consents, or easements, if any, required for the Public Infrastructure. If, however, the Developer is unable to obtain such third-party rights-of-way, consents, or easements within ninety (90) days of sending an initial offer to the owner of such property to purchase the needed easements and right-of-way, the City agrees to take reasonable steps to secure same (subject to City Council authorization after a finding of public necessity) through the use of the City’s power of eminent domain. The City shall request and order any appraisal required in connection with the Developer’s (if requested by the Developer) or the City’s acquisition of such third-party rights-of-way, consents, or easements as described in the preceding two sentences, and the Developer shall pay the costs of such appraisal. The Developer shall be responsible for funding all reasonable and necessary legal proceeding/litigation costs, attorney’s fees and related expenses, and appraiser and expert witness fees (collectively, “Eminent Domain Fees”) actually incurred by the City in the exercise of its eminent domain powers and shall escrow with a mutually agreed upon escrow agent the City’s reasonably estimated Eminent Domain Fees both in advance of the initiation of each eminent domain proceeding and as funds are needed by the City. Provided that the escrow fund remains appropriately funded in accordance with this Agreement, the City will use all reasonable efforts to expedite such condemnation procedures so that the Public Infrastructure can be constructed as soon as reasonably practicable. If the City’s Eminent Domain Fees exceed the amount of funds escrowed in accordance with this paragraph, the Developer shall deposit additional funds as requested by the City into the escrow account within ten (10) days after written notice from the City. Any unused escrow funds will be refunded to the Developer within thirty (30) days after any condemnation award or settlement becomes final ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 9 and non-appealable. Nothing in this section is intended to constitute a delegation of the police powers or governmental authority of the City, and the City reserves the right, at all times, to control its proceedings in eminent domain. Section 5. Termination Provisions. (a) Termination. This Agreement terminates on the Expiration Date, and may, prior to the Expiration Date, be terminated upon any one or more of the following: (1) by mutual written agreement of the Parties; (2) by a Party, if another Party defaults or breaches any of the terms or conditions of this Agreement, and such default or breach is not cured within ninety (90) days, after written notice thereof; provided, it shall not constitute a breach or default if corrective action is instituted by or on behalf of such Party within the ninety (90) day period and diligently pursued until the breach or default is corrected; provided, further that a Party will not be deemed to be in breach, default or otherwise in violation of any term of this Agreement (other than the obligation to make a payment) to the extent such Party’s action, inaction or omission is the result of a Force Majeure Event as defined herein; (3) by the City if any taxes or assessments owed to the City or the State of Texas by Developer with respect to the Property shall have become delinquent (provided, however, Developer retains the right to timely and properly protest and contest any such taxes or assessments); or. (4) by the City if Developer suffers a Bankruptcy or Insolvency. (b) Effect of Termination. Except to the extent provided herein, upon termination of this Agreement, the Parties shall have no further liabilities or obligations under this Agreement. Section 6. Binding Agreement. The terms and conditions of this Agreement are binding upon the successors and permitted assigns of the Parties. Section 7. Limitation on Liability. It is understood and agreed between the Parties that Developer in satisfying the conditions of this Agreement has acted independently, and the City assumes no responsibilities or liabilities to third parties in connection with Developer’s actions. Section 8. No Joint Venture. It is acknowledged and agreed by the Parties that the terms hereof are not intended to and shall not be deemed to create a partnership or joint venture among the Parties. Section 9. Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 10 Section 10. Construction of Agreement; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Collin County, Texas. Venue for any action arising under this Agreement shall lie in Collin County, Texas. Section 11. Notices. Any notices required or permitted to be given hereunder shall be given by hand delivery with proof of delivery or certified or registered mail, return receipt requested, to the addresses set forth below. Any notice sent by certified or registered mail shall be deemed delivered three days after deposit with USPS with proper postage paid. If to the City: City of Anna Attn: City Manager 120 W. 7th Street Anna, Texas 75409 With a Copy to: Wolfe, Tidwell & McCoy, LLP Attn: Clark McCoy 2591 Dallas Parkway, Ste. 300 Frisco, Texas 75034 If to Developer: Seitz Group, Inc. Attn: Eric Seitz 1110 Cowan Rd. Celina, TX 75009 With a copy to: Locke Lord LLP Attn: Drew Slone 2200 Ross Avenue, Suite 2800 Dallas, Texas 75201 Section 12. Attorney's Fees to Prevailing Party. In the event any Party initiates or defends any legal action or proceeding against another Party to enforce or interpret any of the terms of this Agreement, the prevailing Party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney's fees (including its reasonable costs and attorney's fees on any appeal). Section 13. Entire Agreement; Binding Effect of Agreement. This Agreement contains the entire agreement between the parties hereto and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. Section 14. INDEMNIFICATION and HOLD HARMLESS. THE DEVELOPER AND ITS SUCCESSORS AND ASSIGNS, HEREBY COVENANT AND AGREE TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS OFFICIALS, OFFICERS, AGENTS, ATTORNEYS, REPRESENTATIVES, SERVANTS AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ALL THIRD-PARTY CLAIMS, SUITS, ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 11 JUDGMENTS, DAMAGES, AND DEMANDS AGAINST THE CITY OR ANY OF THE RELEASED PARTIES, WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY’S FEES AND RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT FEES, AND OTHER COSTS, ARISING OUT OF THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF DEVELOPER OR OWNERS, INCLUDING THE NEGLIGENCE OF THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN, AND/OR AGENTS, IN CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY PUBLIC INFRASTRUCTURE, STRUCTURES, OR OTHER FACILITIES OR IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT (TOGETHER, “CLAIMS”); AND IT IS EXPRESSLY UNDERSTOOD THAT SUCH CLAIMS SHALL, EXCEPT AS MODIFIED BELOW, INCLUDE CLAIMS EVEN IF CAUSED BY THE CITY’S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION. DEVELOPER AND OWNERS SHALL NOT, HOWEVER, BE REQUIRED TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY’S SOLE NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IF THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF DEVELOPER AND/OR OWNERS AND THE CITY, DEVELOPER’S AND/OR OWNERS’ INDEMNITY OBLIGATION(S) WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO DEVELOPER’S AND/OR OWNERS’ OWN PERCENTAGE OF RESPONSIBILITY. DEVELOPER AND OWNERS, INCLUDING THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FURTHER COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY PRIOR TO THE EFFECTIVE DATE WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE CITY’S RELIANCE UPON DEVELOPER’S REPRESENTATIONS IN THIS AGREEMENT; (2) THIS AGREEMENT OR OWNERSHIP OF THE PROPERTY; OR (3) THE CITY’S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY. Section 15. Invalidation. Invalidation of any one of the provisions of this Agreement by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. The stricken provision will then be deemed replaced with one that is valid and enforceable and that comes closest to expressing the Parties' original intent. Section 16. Facsimile. A telecopied or electronic facsimile of a duly executed counterpart of this Agreement shall be sufficient to evidence the binding agreement of each party to the terms herein. Section 17. Severability. In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, this Agreement shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof. Section 18. Authority to Execute Agreement. This Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. The City warrants and represents that (1) it has all requisite power and authority under the Constitution and laws of the State of Texas to enter into and perform its obligations under this Agreement, and (2) the individual executing this Agreement on behalf of the City has full authority to execute this ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 12 Agreement and bind the City to the same. Developer warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Developer to same. Section 19. Employment of Undocumented Workers. During the term of this Agreement, Developer agrees not to knowingly employ any undocumented workers and if convicted of a violation under 8 U.S.C. Section 1324a (f), Developer shall repay the amount of any Reimbursement Payment or other funds received by Developer from City from the date of this Agreement to the date of such violation within 120 days after the date Developer is notified by City of such violation, plus interest at the rate of 4% compounded annually from the date of violation until paid. Developer is not liable for a violation of this section by a subsidiary, affiliate, or franchisee of Developer or by a person with whom Developer contracts. Section 20. Statutory Verifications. Developer makes the following representations and covenants pursuant to Chapters 2252, 2271, 2274, and 2276, Texas Government Code, as heretofore amended (the “Government Code”), in entering into this Agreement. As used in such verifications, “affiliate” means an entity that controls, is controlled by, or is under common control with Developer within the meaning of SEC Rule 405, 17 C.F.R. § 230.405, and exists to make a profit. Liability for breach of any such verification during the term of this Agreement shall survive until barred by the applicable statute of limitations, and shall not be liquidated or otherwise limited by any provision of this Agreement, notwithstanding anything in this Agreement to the contrary. a. Not a Sanctioned Company. Developer represents that neither it nor any of its parent company, wholly- or majority-owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Government Code. The foregoing representation excludes Developer and each of its parent company, wholly- or majority- owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. b. No Boycott of Israel. Developer hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not boycott Israel and will not boycott Israel during the term of this Agreement. As used in the foregoing verification, “boycott Israel” has the meaning provided in Section 2271.001, Government Code. c. No Discrimination Against Firearm Entities. Developer hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. As used in the foregoing verification, “discriminate against a firearm entity or firearm trade association” has the meaning provided in Section 2274.001(3), Government Code. d. No Boycott of Energy Companies. Developer hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PAGE 13 not boycott energy companies and will not boycott energy companies during the term of this Agreement. As used in the foregoing verification, “boycott energy companies” has the meaning provided in Section 2276.001(1), Government Code. Section 21. Form 1295. Developer represents that it has complied with Texas Government Code, Section 2252.908 and in connection therewith, Developer has completed a Texas Ethics Commission Form 1295 Certificate generated by the Texas Ethics Commission’s electronic filing system in accordance with the rules promulgated by the Texas Ethics Commission. Developer further agrees to print the completed certificate and execute the completed certificate in such form as is required by Texas Government Code, Section 2252.908 and the rules of the Texas Ethics Commission and provide to the City at the time of delivery of an executed counterpart of this Agreement, a duly executed completed Form 1295 Certificate. The Parties agree that, except for the information identifying the Cirt and the contract identification number, the City is not responsible for the information contained in the Form 1295 completed by Developer. The information contained in the Form 1295 completed by Developer has been provided solely by Developer and the City has not verified such information. Section 22. Amendment. This Agreement may only be amended by a written agreement executed by the Parties. Section 23. Recitals. The recitals in this Agreement are true and correct, represent representations and warranties of the Parties, and are incorporated as part of this Agreement for all purposes. Section 24. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. Section 25. Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Section 26. Survival of Covenants. Any covenants of the Parties that are to be performed after termination of this Agreement shall survive termination of this Agreement. Section 27. Assignment. This Agreement may not be assigned by Developer, in whole or in part, without the prior written consent of the City, which shall not be unreasonably withheld, delayed or conditioned; provided, however, Developer may assign this Agreement to any affiliate of Developer or to any buyer of all or a portion of the Property without the prior consent of the City. Any attempted assignment by Developer in violation of the terms and provisions of this section shall be void. In addition, for clarity, no assignment of this Agreement shall be required for the owner of the Grocery Improvements or the Retail Improvements to receive the Impact Fee credits set forth in Section 2(a). [Signatures to follow] ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. CITY OF ANNA, TEXAS By: ________________________________ Pete Cain, Mayor IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the ______ day of ______________ 2024, appeared Pete Cain, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as Mayor of the City of Anna, Texas. ______________________________ Notary Public, State of Texas [Signature Page to Economic Development Incentive Agreement] ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT SEITZ GROUP, INC., a Texas corporation By: _______________________ Name : Eric Seitz, Its President STATE OF TEXAS ) ) COUNTY OF _________ ) This instrument was acknowledged before me on ______________, 2024 by Eric Seitz in his capacity as President of Seitz Group, Inc., a Texas corporation. [Seal] Notary Public—State of Texas [Developer’s Signature Page to Economic Development Incentive Agreement] ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT EXHIBIT A ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT EXHIBIT B ROADWAY PUBLIC INFRASTRUCTURE ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT EXHIBIT C WATER PUBLIC INFRASTRUCTURE ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT EXHIBIT D BUDGETED COSTS Item No. 7.c. City Council Agenda Staff Report Meeting Date: 10/22/2024 Staff Contact: Marc Marchand AGENDA ITEM: Consider/Discuss/Action on a Resolution regarding the naming of a park located at 1456 Persimmon Dr. "Carol Park." (Director of Neighborhood Services Marc Marchand) SUMMARY: The Parks Advisory Board reviewed and unanimously recommended to the City Council naming the new park generally located at 1456 Persimmon Dr. "Carol Park." FINANCIAL IMPACT: N/A BACKGROUND: City Council adopted a Policy and Procedure for Naming City Parks, Trails, Recreational Areas, and Other Recreation Facilities on November 10, 2020. The Neighborhood Services Department followed the naming policy in researching Mrs. Collins, and the Parks Advisory Board recommended to the City Council on August 19, 2024 to name the park Carol Park in honor of Mr. and Mrs. Collins contributions to the community. Carol Ann Collins has been active in the City of Anna as a real estate broker, land investor and developer having owned 1500 acres producing almost 3,000 lots and several commercial sites. During the past 29 years, she has made tremendous effort to develop projects that represent quality and contributes toward the growth and enhancement of the City. In 2002, she donated funding for the fire department to purchase a dedicated brush truck, in 2013 she donated funding to the police department for patrol bikes, and in 2014 donated the historic Train Depot that was located on property she owned. This parkland is being dedicated to the community by Carol and her husband Don, and the naming of park or other recreation areas are to ensure that the given names are consistent with the values and character of the area or neighborhood served and within the City as a whole and the naming of the park will better ensure a sense of place for all neighbors and distinguish the park as a public space. STRATEGIC CONNECTIONS: Strategy 2: A Great Place to Live ATTACHMENTS: 1. Carol Park Resolution 2. Res 2020-11-819 Naming Policy for Park Properties and Facilities 3. Carol Park Map CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS NAMING A PARK LOCATED 1456 Persimmon Dr. “CAROL PARK” WHEREAS, the Parks Advisory Board reviewed and unanimously recommended to the City Council naming the new park for Carol Collins at the August 19, 2024 Parks Advisory Board meeting; and WHEREAS, the City of Anna, Texas City Council adopted a Policy and Procedure for Naming City Parks, Trails, Recreational Areas, and Other Recreation Facilities on November 10, 2020; and WHEREAS, the Neighborhood Services Department followed the naming policy in researching Carol Ann Collins; and WHEREAS, since 1995, she has been active in the City of Anna as a Real Estate Broker, Land Investment and Development and having owned over 1500 acres (producing almost 3000 lots and several commercial sites) during that time period; and WHEREAS, during the past 29 years has made tremendous effort to develop projects that represent quality and that contribute toward the growth and enhancement of the City itself; and WHEREAS, in 2002, after visiting with members of the volunteer fire department, donated funding for their first vehicle to enable them to fight grass fires safely without risking damage to their primary response vehicles; and WHEREAS, in 2013, learned the Anna Police Department wanted to start up a bike patrol force so donated funding for two patrol bikes; and WHEREAS, in 2014, owned the property where the Train Depot was previously located and agreed to give the depot to the group at the time who was interested in creating a new amenity for the downtown area, where it exists today; and WHEREAS, the naming of park or other recreation areas are to ensure that the given names are consistent with the values and character of the area or neighborhood served and within the City as a whole; and WHEREAS, the naming of the park will better ensure a sense of place for all neighbors and distinguish the park as a public space. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT THE PARK LOCATED AT 1456 PERSIMMON DR. “CAROL PARK.” PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 22nd day of October 2024. ATTESTED: APPROVED: _____________________________ ________________________________ Carrie L. Land, City Secretary Pete Cain, Mayor RESOLUTION NO. 0 i(A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING A POLICY AND PROCEDURE FOR NAMING CITY PARKS, TRAILS, RECREATIONAL AREAS, AND OTHER RECREATIONAL FACILITIES WHEREAS, y has in the past adopted policies related to public parks and other recreational facilities; and WHEREAS, the City of Anna Parks and Recreation Advisory Board has investigated and determined that the policy and procedures substantially in the form of Exhibit A attached hereto (the "Naming Policy") provides for a functional and beneficial manner for naming city parks, trails, recreational areas, and other recreational facilities; and WHEREAS, the City Council of the City of Anna, Texas has investigated and determined that adoption of the Naming Policy will be of benefit to the City and its citizens; and 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 set forth in fU110 SECTION 2. Approval of Project and Agreement The City Council of the City of Anna, Texas hereby approves and adopts the Naming Policy attached hereto as ftExhibit A as guidelines for the naming of city parks, trails, recreational areas, and other recreational facilities. CONSIDERED, PASSED AND ADOPTED by the City Council of the City of Anna at a regular meeting on the 10th day of November 2020. t• .•••••• ,/ji %APPROVED: 9 Bate Pike, Mayor Carrie L. Land, City Secretary Exhibit "A" City of Anna Policy and Procedure for Naming City Parks, Trails, Recreational Areas and Other Recreational Facilities Purpose• The purpose of this policy is to establish a systematic and consistent approach for the official naming of parks, trails, recreational areas, and other recreational facilities owned and/or operated by the City of Anna. Objectives• The objectives of this policy are to: Provide name identification for individual parks or other recreation areas within the Ciry of Anna to ensure that they are easily located and to provide a sense of place; Provide criteria and procedure for naming parks or other recreation areas to ensure that given names are consistent with the values and character of the area or neighborhood served and within the City as a whole; Assure the quality of the chosen titlelname, so that it will serve the purpose of the City in a permanent manner; and Provide opportunities for public participation and input to fully represent the best interest of the community in the naming and dedication of parks and other recreation areas. Definitions• The umbrella of parks, trails, recreational areas, and other recreational facilities includes all property assets under the Ciry's ownership and the Neighborhood Services Department's control including buildings, structures, open spaces, public parks, natural areas, and other environmental lands and habitats. Naming Criteria: The following criteria maybe used in determining the appropriateness of the naming designation: a. Geographic location (such as neighborhood, street name, etc.) b. Nearby natural and physical characteristics of the land c. Historical or cultural significance d. Persons of outstanding civic service to the city e. Documented cormnunity support f. Events hosted in the area g. Relevant concepts or ideas h. Organizations providing community service in the area i. Significant material contributions j. Significant financial contributions Naming Procedure: The following process shall be followed in naming parks or other recreation areas: 1. City residents, staff, community leaders, and community organizations interested in proposing a name for a park or other recreational area shall submit a written recommendation to the Neighborhood Services Director. Recommendations need to describe in detail why the submitted name merits designation. 2. A variety of means to encourage public participation to submit a name maybe implemented by the Neighborhood Services Department such as city website advertisement, public notices sent to community members in proximity of recreational area, and more. The means to submit a written recommendation, no matter the specifics of the medium, will be available through the City website and at City Hall. 3. The Neighborhood Services Department shall research and verify information on names provided in the recommendations. The Neighborhood Services Director will forward naming recommendations that meet the naming criteria to the Parks Advisory Board. 4. The Parlcs Advisory Board shall consider all requests that meet the criteria and submit a formal recommendation for names deemed worthy of consideration to the Mayor and the City Council. 5. The City Council will conf"inn park, trail, recreational area, and other recreational facility names by resolution. 6. The City Council has final approval and may reject any naming or renaming request. 7. The City Council may name or rename without following these procedures. 8. The process of naming new facilities shall normally be done before construction begins. Renaming• The intent of naming is for permanent recognition; the renaming of parks and other recreational areas within the City of Anna is generally discouraged. Though, the City understands that renaming parks and other recreational areas may be necessary to create more cohesiveness throughout the City or to update past names that have become ii•elevant or dishonorable. It is recommended that efforts to change a name become subject to crucial examinations so as not to diminish the original justification for the name or discount the value of prior contributors. Renaming a park or other recreational area will follow the same procedure stated above. Item No. 7.d. City Council Agenda Staff Report Meeting Date: 10/22/2024 Staff Contact: AGENDA ITEM: Consider/Discuss/Action on a Resolution amending the name and terms of members of the Diversity and Inclusion Advisory Commission. (Assistant City Manager Taylor Lough) SUMMARY: The Anna Diversity and Inclusion Advisory Commission has adopted a work plan consisting of three focus areas: engagement, community contributions, and advisement. Members of the City Council have requested to change the name of the Commission to the Neighbor Engagement and Inclusion Commission. The resolution also changes the terms of members from May to December 31 to reflect the current appointment procedures. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The City Council adopted Resolution 2020-07-757 on July 14, 2020, creating the Anna Diversity and Inclusion Advisory Commission for facilitation of community dialog, representation of diverse neighbor voices, review of policies and services as they pertain to supporting all members of the community. The Commission size was reduced from 11 to 7 members in March of 2022. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Neighborly. ATTACHMENTS: 1. Resolution Amending Commission Name C03029D20241017CR2 clean 2. D&I Work Plan 1 CITY OF ANNA, TEXAS RESOLUTION NO. _____________________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AMENDING RESOLUTION NO. 2020-07- 757 CREATING THE ANNA DIVERSITY AND INCLUSION ADVISORY COMMISSION; ESTABLISHING PROCEDURES FOR APPOINTMENT AND REMOVAL OF MEMBERS; AND ESTABLISHING DUTIES AND RESPONSIBILITIES OF THE COMMISSION. WHEREAS, the City Council of the City of Anna, Texas (“City Council”) has previously determined that there exists a need in the City of Anna (the “City”) for the facilitation of community dialog, representation of diverse neighbor voices, review of policies and services as they pertain to supporting all members of the community, and creation of events and programming within the City that purposefully engages with all neighbors; and WHEREAS, the City Council has previously created a diversity and inclusion advisory commission to assist the City in its efforts to engage with and support its community; and WHEREAS, the City Council has previously amended City of Anna Resolution No. 2020-07-757, with Resolution 2022-03-1124 in order to change the number of persons serving as members on the Commission; and WHEREAS, the City Council has determined a need to amend City of Anna Resolution No. 2020- 07-757, as amended by Resolution 2022-03-1124, which created the Diversity and Inclusion Advisory Commission (the “Commission”) in order to change the name of the Commission and the terms of persons serving as members on the Commission; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Amendment. Sections 1, 2 and 3 of City of Anna Resolution No. 2020-07-757, as amended by Resolution 2022- 03-1124 are hereby amended to read as set forth below. Section 1. Commission Created; Renamed. The advisory commission formerly created and known as the “Anna Diversity and Inclusion Advisory Commission” is hereby renamed the “Anna Engagement and Inclusion Advisory Commission” (the “Commission”). Section 2. Membership; Organization; Compensation. 2.01 Membership. The Commission shall consist of 7 members. Each member must be a resident of the City and a qualified voter in the City. Members are appointed by the City Council for a term of two years, but serve strictly at the pleasure of the City Council, who may remove any member at any time with or without cause. A person may not serve on the Commission for more than three full terms. Vacancies shall be filled by the City Council for the unexpired term of any member whose place becomes vacant for any cause in the same manner as the original appointment was made. The terms of the members filling places 1, 3, 5, and 7 shall expire on December 31 of each odd-numbered year and terms of members filling places 2, 4, and 6 shall expire on December 31 of each even-numbered year. Commission members may be appointed to succeed themselves. Section 3. Duties and Responsibilities. The Commission is purely advisory in nature with no decision-making or policy-making authority, and any action or omission by the Commission is not binding on the City. The Commission may provide recommendations as requested from time to time by the City Council in matters relating to encouraging inclusion and participation of community groups with City government. Section 2. Savings. Except as amended as set forth in Section 1 of this resolution, Resolution 2020-07-757, as amended by Resolution 2022-03-1124, shall remain in full force and effect. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 22nd day of October 2024. APPROVED: ATTEST: _____________________________ ____________________________ Mayor Pete Cain City Secretary Carrie Land 2024-2025 D&I Work Plan The mission of the City of Anna Diversity and Inclusion Advisory Commission is to work together to ensure all neighbors are seen, heard, acknowledged, and celebrated by fostering meaningful dialog and connections among diverse community groups. Focus Areas 1.Engagement: actively engage with neighbors to gather input and ensure the city is aware of and addressing the needs of all groups. a.Listen: Gather feedback from various groups in the community. b.Outreach: Commission members should attend neighborhood events, sharing information and strengthening community ties. c.Participate: Attend and volunteer at citywide events to engage with neighbors and city staff. Encourage neighbors to volunteer and get involved in city programs. 2.Community Contributions: recognize individuals or organizations that contribute positively to the community to foster a sense of belonging and shared responsibility. a.Establish a formal recognition program, to acknowledge and celebrate the contributions of neighbors. i. Understand current programs to recognize and celebrate neighbors. ii. Provide recommendation for potential procedural or programmatic enhancements to celebrate neighbors. 3.Advisement: provide feedback and recommendations as requested by the City Council or staff from time to time. Monthly Meeting Structure 1. Reports a.Neighbor Presentation: Community group, neighbor, or staff member will provide a brief update of the work they are doing in or for the community. b.Events & Programs Update: Staff will provide a report of recently held and upcoming City events and programs as well as recently held and upcoming events hosted by community-sponsored groups, nonprofits, and governmental entities such as AISD, Fire / Police Associations, Greater Anna Chamber of Commerce, Anna Area Historical Preservation Society, Hurricane Creek Rotary, Boy/Girl Scouts, PTAs, etc. 2. Individual Consideration a.Review Community Contribution Nominations (future item to intake commission or neighbor submissions for recognition Item No. 8.d. City Council Agenda Staff Report Meeting Date: 10/22/2024 Staff Contact: AGENDA ITEM: Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). City Manager. City Council, Boards and Commissions. SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: