HomeMy WebLinkAboutCCpkt2012-10-25l
CITY COUNCIL MEETING
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Council Meeting,
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Anna City Council October 23, 2012
Mr. Mayor, Council, and guests,
Introduction.
I am Charles Miller, Chairman of the Anna Food Pantry.
I want to tell you about the Pantry,
Our Mission,
Our History,
How we benefit Anna,
And why we are here, before you, tonight.
Our Mission:
Mission Statement
The Anna Food Pantry seeks to provide food to members of our community
who are in need due to financial problems. These situations could be a
result of job loss, medical issues, divorce, natural disaster, and many other
reasons. We gather, store, and distribute food and household supplies to
those in need. The Anna Food Pantry strives to support members of Anna,
Texas with compassion and dignity. We are a 501(c)(3) and look to
collaborate with those who share our mission.
Who Are We?
Honestly, we're a bunch of normal people who have a heart for service and
a compassion for our neighbors and community. The more we help our
community, the more our passion grows to find other avenues to expand
our organization. We find that our passion is contagious. We want our
attitudes to be contagious.
Our History.
The Anna Food Pantry started about 1978-1979. It was a simple assistance
program where small families received $10.00 - $15.00 cash, to buy several
bags, several days, of food.
A little over 10 years ago, Anna United Methodist Church opened the
kitchen of the parsonage, to hold and distribute real food. They started
with food and clothes, but the 'clothes line' was dropped for space required
for food storage. In 2009, we received our own IRS 501c3 ID number. This
is a key building block to qualify for membership with the North Texas Food
Bank.
We have been trying new ideas for fundraisers. We have held outdoor
movies at the malt shop, watermelon and homemade ice cream socials,
and community rummage sales. We have food drives with the churches,
schools, scouts, and Brookshire's. In June, we had a successful Spaghetti
Dinner. It helped us get thru the long, hot summer. And this year, we will
have our second annual Chili Cook -Off and Auction. The resources from
this event will help us with food, to get us into the spring, and hopefully
help us get into a new building.
Currently, we have over 100 families on our roster. On averave, we serve
55-60 families a month, from Anna and Westminster. Last month, our
families included 121 adults, and 81 children. We provide 20 pounds of
food, per person. That is over 500 pounds of food per week. For each of
the last 2 years, we have served over 30,000 pounds of food to our families.
In contrast, the North Texas Food Bank recommends 35 pounds of food,
per person, in the family. They will be able to make up the difference after
we qualify.
How we Benefit Anna:
We benefit Anna by assisting the elderly with food, and sometimes we are
able to assist with water bills. The gaps between Social Security, housing
expenses, and medicine, does not allow much for food. We bridge that
gap. About 30-35% of our families are elderly or disabled. The may not
need food every month, but the do depend our help with food needs.
We benefit Anna by helping our young, working families who have lost jobs,
and waiting on food stamps, or who have sudden injuries or illnesses that
stopped their work, waiting on insurance and temporary disability
payments. Some of our families just need seasonal help, like the summer,
when school meals are not available.
About 65-70% of our families fall
We could benefit Anna by bringing North Texas Food Bank, after school
meal programs to Anna. They have food assistance programs for the
elderly too. The next requirement for the North Texas Food Bank is a
building with secure access.
We have come to you because we need a new home.
We are currently in the parsonage of the Anna United Methodist Church.
AUMC is expanding and needs the space for a new building. We must
move by December 31, 2012.
There is a critical need for a food pantry in Anna. The elderly and families
with small children, will have problems driving to McKinney. The extra fuel
expense will take away from the food budget. And, driving safety becomes
an issue at that distance.
We have looked at 5 locations in, and around, Anna, but they have not
worked out. We are looking for a structure, or a few rooms, that will be
about 800 square feet, with utilities, and good parking. While the NTFB has
certain requirements for security, and we are confident that we can make
that happen.
We have community support for food donations. The Anna churches, the
Chamber of Commerce, Anna schools, Anna Scouts, the Collin County
Sheriffs Department, Brookshire's, Lil Caesar's, Dickie's BarBQ, Subway,
Italian Villa, and many more stores and individuals provide the food that
needed at the pantry.
We do family movie nights, community meals, and fundraisers to cover
additional expenses and sometimes buy more food.
Again, we now serve on average 65 families a month. In October, we have
added 25 more families, a 38% increase. Last year we handled over 30,000
pounds of food, that is over a ton of food per month.
We are looking for assistance for a place to work.
We seek assistance in the form of rooms or a small building for the pantry.
We provide a critical service in Anna families.
We seek your support, a partnership, to keep a food pantry in Anna.
We are a 501c3 charity and I have copies of our financials.
Thank you for your time and consideration.
Charles Miller
The Anna Food Pantry
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
October 23, 2012
6:30 p.m. —Anna City Hall Administration Building
The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m.,
October 23, 2012, at the Anna City Hall Administration Building, located at 111 North
Powell Parkway (Hwy 5), regarding the following items.
1. Call to Order
2. Roll Call and Establishment of Quorum.
3. PresentationBriefing from AYSA Board President.
4. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter
551, the City Council may enter into closed session to discuss any items
listed or referenced on this agenda under the following exceptions:
a. consult with legal counsel regarding pending or contemplated litigation
and/or on matters in which the duty of the attorney to the governmental
body under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflicts with Chapter 551 of the Government
Code (Tex. Gov't Code §551.071); discussion regarding the legal aspects
of Parks and Recreation Programs & Capital Improvements Program;
anticipated litigation with property owner.
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072); acquisition of park land and
acquisition of utility easements.
c. discuss or deliberate Economic Development Negotiations: (1) To discuss
or deliberate regarding commercial or financial information that the City has
received from a business prospect that the City Council 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
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified tinder the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
10-23-12 CC Regular Meeting Agenda.doc 1 Posted 10-19-12
subdivision (1). (Tex. Gov't Code §551.087): discussion regarding an
Economic Development Incentive Agreement for a business looking to locate
in Anna.
d. discuss or deliberate personnel matters: City Manager Annual Review.
(Tex. Gov't Code §551.074);
The council further reserves the right to enter into executive session at any
time throughout any duly noticed meeting under any applicable exception
to the Open Meetings Act.
5. Consider/Discuss/Action on any items listed on posted agenda for October
23, 2012 City of Anna City Council Regular Meeting or any Closed
Session occurring during this Workshop, as necessary.
6. Adjourn.
This is to certify that I, Natha Wilkison, City Secretary, posted this agenda
at a place readily accessible to the public at the Anna City Hall and on the
City Hall bulletin board at or before 5:00 p.m., October 19, 2012.
`'2'a� 'LfJu�a+ti
Natha Wilkison, City Secretary
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
10-23-12 CC Regular Meeting Agenda.doc 2 Posted 10-19-12
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
October 23, 2012
7:30 p.m. —Anna City Hall Administration Building
The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., October
23, 2012, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), to consider the following items.
Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of
attendance. If you wish to speak on an open -session agenda item please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before the
meeting starts.
1. Call to Order.
2. Invocation and Pledge of Allegiance.
3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is
unable to respond to or discuss any issues that are brought up during this
section that are not on the agenda, other than to make statements of specific
factual information in response to a citizen's inquiry or to recite existing
policy in response to the inquiry.
4. Receive reports from Staff or the City Council about items of community
interest. Items of community interest include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules; an
honorary or salutary recognition of a public official, public employee, or
other citizen (but not including a change in status of a person's public office
or public employment); a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial,
or community event organized or sponsored by an entity other than the
governing body that was attended or is scheduled to be attended by a member
of the governing body or an official or employee of the municipality; and
announcements involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
10-23-12 CC Regular Meeting Agenda.doc 3 Posted 10-19-12
5. Consent Items. These items consist of non -controversial or "housekeeping"
items required by law. Items may be considered individually by any Council
member making such request prior to a motion and vote on the Consent Items.
a. Approve City Council Minutes for October 9, 2012 Regular Meeting.
b. Adopt an Ordinance approving the 2012 Tax Roll. (Clayton Fulton)
c. Approve Resolution requesting customer status in the North Texas
Municipal Water District's Upper East Fork Wastewater Transmission
System and Wastewater Treatment System. (City Manager)
6. Presentation by the American Legion recognizing Firefighter and E.M.S.
personnel.
7. Consider/Discuss/Action regarding a Resolution awarding the bid and
approving a contract for the FM 455 Utility Relocation Project. (City
Manager)
8. (a) Public Hearing: To consider public comments regarding an ordinance of
the city of Anna, Texas, amending the Anna City Code of Ordinances by
amending Part III — C, Section 35 by adding Section 35.04 (Residential
Building Standards) and amending Part III — E, Section 6 by adding Section 6
(r) (Residential Irrigation Requirements). (Maurice Schwanke)
(b) Consider/Discuss/Action regarding an ordinance of the city of Anna,
Texas, amending the Anna City Code of Ordinances by amending Part III — C,
Section 35 by adding Section 35.04 (Residential Building Standards) and
amending Part III — E, Section 6 by adding Section 6 (r) (Residential Irrigation
Requirements). (Maurice Schwanke)
Public Hearing
To consider public comment on a request by Tom Slowbe, representative for
the property owner, to change zoning from Agriculture (AG) to Single Family
Residential (SF-60) District zoning on property located at East Fork Estates
Block A, Lot 5-R1, 5-R2, and 5-R3, containing approximately 5.0 acres.
(Maurice Schwanke)
(b) Consider/Discuss/Action adopting an Ordinance regarding a request to
change zoning on property located at East Fork Estates, Block A, Lot 5-R1, 5-
R2, and 5-R3 from Agriculture (AG) to Single Family Residential (SF-60)
District zoning. (Maurice Schwanke)
] .The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
10-23-12 CC Regular Meeting Agenda.doc 4 Posted 10-19-I2
10. (a) Public Hearing
To consider public comment on a request by Wan Kim, owner of property, to
change zoning from Single Family Estates (SFE) to General Commercial
(C2) District zoning with a Specific Use Permit to allow for an indoor
"Animal Care and Kennel" facility. The property is located at 12604 Sam
Rayburn Memorial Highway (State Hwy 121). (Maurice Schwanke)
(b) Consider/Discuss/Action adopting an Ordinance regarding a request to
change zoning from Single Family Estates (SFE) to General Commercial (C2)
District zoning with a Specific Use Permit to allow for an indoor "Animal
Care and Kennel" facility located at 12604 Sam Rayburn Memorial Highway
(State Hwy 121). (Maurice Schwanke)
11. Consider/Discuss/Action regarding a Resolution approving a General
Engineering Services Task Order for Water and Wastewater Impact Fee
Update & Development of Roadway Impact Fees. (City Manager)
12. Consider/Discuss/Action regarding an Ordinance amending the FY 2013
Budget to fund an Impact Fee Study. (Clayton Fulton)
13. 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); discussion regarding the legal aspects
of Parks and Recreation Programs & Capital Improvements Program,
anticipated litigation with property owner.
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072); acquisition of park land and
acquisition of utility easements.
c. discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial information that
the City has received from a business prospect that the City Council 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
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified ender the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
10-2342 CC Regular Meeting Agenda.doc 5 Posted 10-19-12
§551.087): discussion regarding an Economic Development Incentive
Agreement for a business looking to locate in Anna.
d. discuss or deliberate personnel matters. City Manager Annual Review.
(Tex. Gov't Code §551.074);
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.
14. Consider/Discuss/Action on any items listed on posted agenda for October 23,
2012 City of Anna Workshop Session or any closed session occurring during
this Regular Meeting, as necessary.
15. Adjourn.
This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at
a place readily accessible to the public at the Anna City Hall and on the City
Hall bulletin board at or before 5:00 p.m. October 19, 2012.
d2a� �%i�adaot
Natha Wilkison, City Secretary
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
]0-23-]2 CC Regular Meeting Agenda.doc 6 Posted 10-19-12
Council Meeting: October 23, 2012
Item No. 3 W S
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Account Code #: N/A Date Prepared: 10-18-12
Budgeted Amount: N/A Exhibits: ❑ Yes ❑ No
AGENDA SUBJECT: Presentation/Briefing from AYSA Board President.
SUMMARY:
RECOMMENDATION:
M
i
Council Meeting: October 23, 2012
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT
SUMMARY:
RECOMMENDATION:
Call to order.
Item No. 1
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 10-18-12
Exhibits: ❑Yes ❑ No
Council Meeting: October 23, 2012
Account Code #: N/A
Item No. 2
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 10-18-12
Budgeted Amount: N/A Exhibits: ❑Yes
AGENDA SUBJECT: Invocation and Pledge of Allegiance.
SUMMARY:
RECOMMENDATION:
❑ No
Council Meeting: October 23, 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No. 3
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 10-18-12
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Citizen Comments. Citizens are allowed 3 minutes to
speak. The Council is unable to respond to or discuss any issues that are brought up
during this section that are not on the agenda, other than to make statements of specific
factual information in response to a citizen's inquiry or to recite existing policy in
response to the inquiry.
RECOMMENDATION:
Council Meeting: October 23, 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No. 4
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 10-18-12
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: 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.
SUMMARY:
RECOMMENDATION:
Council Meeting: October 23 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No. 5 a —c
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philia Sanders
Date Prepared: 10-18-12
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: 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 Minutes for October 9, 2012 Regular Meeting.
b. Adopt an Ordinance approving the 2012 Tax Roll. (Clayton Fulton)
c. Approve Resolution requesting customer status in the North Texas
Municipal Water District's Upper East Fork Wastewater Transmission
System and Wastewater Treatment System. (City Manager)
RECOMMENDATION: Staff recommends approval of the consent items.
MINUTES OF
CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP
October 9, 2012
6:30 p.m. —Anna City Hall Administration Bung
The City Council of the City of Anna met in Workshop Session at 6:30 p.m., October 9,
2012, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), regarding the following items.
1. Call to Order.
Mayor Mike Crist called the meeting to order at 6:30 pm.
2. Roll Call and Establishment of Quorum.
Mayor Mike Crist and Council Members James T. Cook, John Hopewell,
and Nathan Bryan were present. Council Members John Geren and Becky
Glover were absent.
3. Presentation/Briefing regarding new utility billing format. (Clayton
Fulton)
Clayton Fulton, Director of Finance gave a presentation regarding the new
utility billing format.
4. PresentationBriefing regarding temporary parking area at Geer
Park. (James Parkman).
City Manager, Philip Sanders requested that council come back to this
item.
Council Member Bryan made the motion to enter closed session at
6:38pm. Council Member Hopewell seconded the motion. Motion passes. FAI 'IF
NAY 0
5. CLOSED SESSION (EXCEPTIONS): UnderGov'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.0
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).
Anticipated litigation with Amazing Solar Solutions; "City of Anna v.
City of Weston, Cause No. 380-02570-2011, in the 380th District Court
10-09-12 CC Regular Meeting Minutes.doc 1 10-09-12
of Collin County, Texas"; "City of Anna v. Walmat Inc., et al.; Cause
No. 429-0028&2009, in the 429th District Court of Collin County,
Texas", social media policy; Open Meetings Act.
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072), acquisition of park land and
acquisition of utility easements.
c. discuss or deliberate personnel matters: City Secretary Annual
Review. (Tex. Gov't Code §551.074);
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.
Council Member Bryan made the motion to return to open session at 7:14
pm. Council Member Hopewell seconded the motion. Motion passes.
NAY 0
ABSTAIN 0
Mayor Crist returned to item 4. Maurice Schwanke, Director of Planning
and Development gave the presentation regarding item 4.
6. Consider/Discuss/Action on any items listed on posted agenda for
October 9, 2012 City of Anna City Council Regular Meeting or any
Closed Session occurring during this Workshop, as necessary.
Council Member Cook made the motion to take no action. Council
Member Hopewell seconded the motion. Motion passes.
I_MC3.`�NFA\M�17
7. Adjourn.
Council Member Cook made the motion to adjourn at 7:18 pm. Council
Member Bryan seconded the motion. Motion passes.
AYE 4 NAY 0 ABSTAIN 0
ATTEST: APPROVED:
Natha Wilkison, City Secretary
Mike Crist, Mayor
10-09-12 CC Regular Meeting Minutes.doc 2 ]0-09-12
MINUTES OF
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
October 99 2012
7:30 p.m. —Anna City Hall Administration Building
The City Council of the City of Anna met in Regular Session at 7:30 p.m., October 9,
2012, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), to consider the following items.
Welcome to the City Council Meeting. Please sign the Sign4n-Sheet as
1. Call to Order.
Mayor Mike Crist called the meeting to order at 7:30 pm.
2. Invocation and Pledge of Allegiance.
Mayor Crist gave the invocation.
z recor
3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is
unable to respond to or discuss any issues that are brought up during this
section that are not on the agenda, other than to make statements of specific
factual information in response to a citizen's inquiry or to recite existing
policy in response to the inquiry.
Lori Reader with Cub Scout Pack 284 made an announcement that the pack
would be hosting a Flu Shot Fund Raiser on October 13, 2012.
4. Receive reports from Staff or the City Council about items of community
interest. Items of community interest include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules;
an honorary or salutary recognition of a public official, public employee, or
other citizen (but not including a change in status of a person's public office
or public employment), a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social,
ceremonial, or community event organized or sponsored by an entity other
than the governing body that was attended or is scheduled to be attended by
a member of the governing body or an official or employee of the
municipality; and announcements involving an imminent threat to the
public health and safety of people in the municipality that has arisen after
the posting of the agenda.
Philip Sanders, City Manager announced the City's Flu Shot Clinic on
October 18, 2012.
] 0-09-12 CC Regular Meeting Minutes.doc 3 10-09-12
5. Consent Items. These items consist of non -controversial or "housekeeping"
items required by law. Items may be considered individually by any Council
member making such request prior to a motion and vote on the Consent
Items.
a. Approve City Council Minutes for September 25, 2012 Regular
Meeting.
b. Approve the Site Plan for "Love's Travel Center. (Maurice
Schwanke)
c. Approve Resolution approving Contract Amendment for EMS
Services. (City Manager)
d. Approve a Resolution authorizing the City Manager to enter into
an Interlocal Agreement with the Harris County Department of
Education for the Choice Partners Purchasing Cooperative.
(Clayton Fulton)
Mayor Crist made the motion to approve the consent items. Council Member
Hopewell seconded the motion. Motion passes.
AYE 4 NAY 0 ABSTAIN 0
6. Consider/Discuss/Action adopting a Resolution directing publication of
notice of intention to issue combination tax and revenue certificates of
obligation for waterworks and sewer system improvements; and resolving
other matters relating to the subject. (Clayton Fulton)
Clayton Fulton, Director of Finance presented the item to council and
introduced Andre Ayala with First Southwest. Mr. Ayala reviewed the
outstanding water and sewer system debt; project information and proposed
schedule of events. Council Member Hopewell made the motion to approve.
Council Member Cook seconded the motion. Motion passes.
AYE 4 NAY 0
7.
ABSTAIN
City Manager, Philip Sanders presented the item to council. Council Member
Bryan made the motion to approve. Mayor Crist seconded the motion. Motion
passes.
AYE 4 NAY 0 ABSTAIN 0
10-09-12 CC Regular Meeting Minutes.doc 4 ]0-09-12
8. Consider/Discuss/Action regarding a Resolution approving an
Engineering Contract with Birkhoff, Hendricks & Carter for wastewater
system improvements. (City Manager)
Philip Sanders, City Manager presented the item to council. Council Member
Hopewell made the motion to approve. Council Member Bryan seconded the
motion. Motion passes.
9. Consider/Discuss/Action regarding a Resolution approving an
Engineering Contract with Birkhoff, Hendricks & Carter for wastewater
treatment plant improvements. (City Manager)
City Manager, Philip Sanders presented the item to council. Council Member
Bryan made the motion to approve. Mayor Crist seconded the motion. Motion
passes.
AYE 4
NAY 0
10. Consider/Discuss/Action adopting
Social Media. (Jessica Perkins)
ABSTAIN 0
an Ordinance regarding policies for
Jessica Perkins, Assistant to the City Manager presented the item to council
and answered questions. Council Member Hopewell made the motion to
approve. Council Member Bryan seconded the motion. Motion passes.
NAY 0
Council did not enter closed session at this time.
ABSTAIN 0
11. 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).
Anticipated litigation with Amazing Solar Solutions; "City of Anna v.
City of Weston, Cause No. 380-02570-2011, in the 380th District Court
of Collin County, Texas"; "City of Anna v. Walmat Inc., et al., Cause
No. 429-0028&2009, in the 429th District Court of Collin County,
Texas", social media policy; Open Meetings Act.
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072); acquisition of park land and
acquisition of utility easements.
10-09-12 CC Regular Meeting Minutes.doc 5 10-09-12
c. discuss or deliberate personnel matters: City Secretary Annual
Review. (Tex. Gov't Code §551.074).
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.
12. Consider/Discuss/Action on any items listed on posted agenda for
October 9, 2012 City of Anna Workshop Session or any closed session
occurring during this Regular Meeting, as necessary.
Council Member Hopewell made the motion to take no action. Mayor Crist
seconded the motion. Motion passes.
AYE 4 NAY 0 ABSTAIN 0
13. Adjourn.
Council Member Cook made the motion to adjourn at 8:02 pm. Council
Member Bryan seconded the motion. Motion passes.
AYE 4 NAY 0 ABSTAIN 0
ATTEST: APPROVED:
Natha Wilkison, City Secretary
Mike Crist, Mayor
10-09-12 CC Regular Meeting Minutes.doc 6 10-09-12
Inl
Council Meeting: October 23 2012
Account Code #:_
Budgeted Amount:
Item No. 5 (bl
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Clayton Fulton
Exhibits: X Yes ❑ No
AGENDA SUBJECT: Adopt an Ordinance approving the 2012 Tax Roll for the City of Anna.
SUMMARY: The Collin County Tax Assessor Collector recently submitted the Tax Roll
summary for the City of Anna. Texas Property Tax Code, section 26.09, requires cities to pass
an ordinance approving the 2011 Tax Roll. A copy of the complete Certified Tax Roll is
available for review by contacting the City Secretary.
RECOMMENDATION: Staff recommends that the City Council adopt the attached Ordinance
approving the 2012 Tax Roll for the City of Anna.
CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDIANCE APPROVING THE 2012 TAX ROLL FOR THE CITY OF ANNA,
TEXAS
WHEREAS, the Collin County Tax Assessor Collector has submitted the 2012 Tax Roll
for the City of Anna, Texas (the "City") to the City Council of the City of Anna, Texas
the "City Council") for approval; and
WHEREAS, the City Council is required by statute (Texas Property Tax Code Section
26.09) to approve or disapprove said 2012 Tax Roll; and
WHEREAS, the City Council has reviewed the 2012 Tax Roll Summary as provided by
the Collin County Tax Assessor Collector, now therefore;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Tax Roll Approved.
The 2012 appraisal roll is accepted as constituting the 2012 tax roll for the City and said
tax roll is hereby approved by the City Council.
PASSED by the City Council of the City of Anna, Texas, this 23rd day of October, 2012.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mike Crist, Mayor
MIN L ■ - M11110
TAX ASSESSOR COLLECTOR
COLLIN COUNTY
2300 Bloomdale Road
P.O. Box 8046
McKinney, TX 75070-8046
(972) 547-5020
METRO (972) 424-1460 ext. 5020
FAX (972) 547-5040
Email: limaun@collincountytexas.gov
October 3, 2012
Darren R Driskell, Mayor
City of Anna
P O Box 776
Anna, Texas 75409
Dear Darren R Driskell,
Attached is the 2012 Tax Roll Summary for the City of Anna.
Submission of the 2012 Tax Roll to your governing body for approval, in accordance with Texas Property
Tax Code, Section 26.09, will constitute the 2012 Tax Roll for City of Anna.
Please provide my office a copy of your ordinance approving the Tax Roll at your earliest convenience.
While this is a formality in the Texas Property Tax Code, we do want to fulfill the requirements of the law
and do appreciate your cooperation.
If you have any questions, please let me know.
Sincerely,
Kenneth L.
Tax Assessor Collector
Cc: Philip Sanders, City Manager
Clayton Fulton, Assistant Administrator
Run Date: September 24, 2012 Collin County Page 8 of 67
2012 TAX ROLL SUMMARY
Amount
NUMBER OF ACCOUNTS
MARKET VALUES
ROLLCODE: MOBILE HOME
Improvement
$351,942
Improvement Non -Home Site
$89,212
ROLLCODE: PERSONAL
Personal
$16,753,543
ROLLCODE: REAL
Aqriculture
$74,786,487
Improvement
$207,946,888
Improvement Non -Home Site
$35,181,606
Land
$95,288,013
Land Aq Land
$1,1450451
Land Non -Home Site
$41,0291794
TOTAL MARKET VALUE
$472,572,936
DEFERRALS
Aq
$74,786,487
TOTAL DEFERRALS
$7427863487
EXEMPTIONS
Cap Adiustment
$1,589,493
Disabled Veteran
$1,624,752
Full
$11,654,249
Nominal Value
$4,964
Over 65
$7,950,368
TOTAL EXEMPTIONS
$22,823,826
GRAND TOTAL FOR DEFERRALS AND EXEMPTIONS $97,6101313
TOTAL MARKET VALUE $472,572,936
TAXABLE VALUE $3741962,623
ROLLCODE: MOBILE HQME
Levy $2,819.76
ROLLCODE: PERSONAL
Levy $1081905A 4
ROLLCODE: REAL
Levy $2,3261778.05
TOTAL LEVY $21438950195
LEVY LOST DUE TO FROZEN MOO
07 - ANNA CITY
Count
4,623
205
52
145
22
271
111
236
4,276
TaxRollSummary.rpt Revised September 24, 2012
Council Meeting: October 23, 2012
(rudgeted Amount:
Item No. 5 c
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: City Manager
Exhibits: X Yes ❑ No
AGENDA SUBJECT: Approve Resolution requesting customer status in the North Texas
Municipal Water District's Upper East Fork Wastewater Transmission System and Wastewater
Treatment System,
SUMMARY: In 2006 the Cities of Anna and Melissa agreed to jointly fund the construction of
a wastewater transmission main line that would allow a portion of the City's wastewater to be
transported into the North Texas Municipal Water District (NTMWD) Upper East Fork
wastewater transmission and treatment system. In 2009, the City began diverting wastewater
from the Creekside, Falls, and portion of Oak Hollow neighborhoods into the NTMWD Upper
East Fork system. Because the City of Melissa is a current NTMWD customer, NTMWD
charges the City of Melissa for the transmission and treatment cost of Anna's wastewater.
Melissa passes through those charges to the City of Anna. The current agreements between
NTMWD and the City of Melissa, and between the Cities of Anna and Melissa, establish a cap
on the amount of wastewater Anna can pass through the system and restricts the drainage basins
from which the wastewater can be generated.
NTMWD recently completed improvements that add significant capacity to the Upper East Fork
wastewater system. Since these improvements were placed in service, we have been advised that
NTMWD is now ready to accept the City of Anna as a direct customer rather than a sub -
customer of Melissa. The attached Resolution formalizes the City's request to become a direct
wastewater customer city of the NTMWD Upper East Fork System. As a direct customer, we
are asking for the right to transport wastewater generated from within any drainage basin in the
Anna city limits or ETJ.
RECOMMENDATION: Staff recommends approval of the attached Resolution.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA CITY COUNCIL REQUESTING THAT THE
NORTH TEXAS MUNICIPAL WATER DISTRICT APPROVE THE CITY OF ANNA'S
REQUEST TO BECOME A CUSTOMER OF THE UPPER EAST FORK WASTEWATER
TRANSMISSION SYSTEM AND WASTEWATER TREATMENT SYSTEM AND
EXPRESSING THE INTENT OF THE CITY OF ANNA TO ENTER INTO A CUSTOMER
CONTRACT WITH THE NORTH TEXAS MUNICIPAL WATER DISTRICT FOR SAID
WASTEWATER TRANSMISSION AND TREATMENT SERVICES
WHEREAS, the City of Anna of Anna, Texas (City) has contributed wastewater to the Upper
East Fork Transmission and Treatment System since 2009 though an Interlocal Agreement
with the City of Melissa (Melissa) with the approval of the North Texas Municipal Water
District (NTMWD), and
WHEREAS, through the Interlocal Agreement, Melissa agreed to allow the City of Anna to
use a portion of Melissa's wastewater capacity in the NTMWD system until additional
capacity was available, and
WHEREAS, the Cities of Anna and Melissa have extended sub -regional wastewater
collection lines through an Interlocal Agreement that connect to the Upper East Fork
Wastewater Transmission System, and
WHEREAS, Anna and Melissa were participants with NTMWD and other entities in the Sub -
regional Wastewater Study completed in 2010 as coordinated through the Greater Texoma
Utility Authority, and
WHEREAS, the NTMWD has completed the construction of significant additional capacity to
the Upper East Fork Transmission System,
WHEREAS, the Anna acknowledges and embraces the concept that regional cooperation
provides the most cost effective means of providing many municipal services, particularly in
the environmentally sensitive areas of water treatment, wastewater treatment, and solid
waste disposal;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
SECTION 1. The City Council of the City of Anna, Texas (City Council) hereby requests that
the NTMWD accept the City as a wastewater customer for all the territory in the City Limits,
CCN Service Area and Extraterritorial Jurisdiction, as they now exist or may be hereinafter
amended and enter into an agreement with Anna for such purposes.
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
SECTION 2. As part of an agreement for wastewater transmission and treatment services,
the City Council requests that the NTMWD allow the City to continue to use the existing Anna
Wastewater Treatment Plant and divert flows that exceed the capacity of said plant to the
Upper East Fork Wastewater Transmission and Treatment System.
SECTION 3. The City Council requests that the NTMWD allow all existing points of delivery
of wastewater flow to the Upper East Fork Transmission System to continue to receive flow
and to receive flow from such other points of delivery as may be developed and / or approved
by NTMWD in the future.
SECTION 4. It is the intent of the City Council to execute the requested agreement with
NTMWD after an appropriate agreement is drafted by NTMWD and approved by the City's
legal counsel.
SECTION 5. It is the intent of the City to approve adjustments to the current Interlocal
Agreement with Melissa for wastewater that may be impacted by the requested agreement
with NTMWD.
SECTION 5. The City Council hereby directs the City Manager to provide copies of this
Resolution to any entity needing evidence of the intent of the City Council; and the City
Manager is hereby authorized to send documents, planning data, and / or studies supporting
the request and intent expressed in this Resolution.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ON
THIS 23RD DAY OF OCTOBER 2012.
ATTEST:
Natha Wilkison, City Secretary
l�i,�■ � �jI1_: J1
Mayor, Mike Crist
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 1
i
Council Meeting: October 23 2012
Account Code #:_
Budgeted Amount:
Item 6
City Secretary Use Only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Chief Gothard
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: American Legion Recognition of Firefighter and E.M.S personnel
SUMMARY: The Fire Department was contacted back a few months ago to present to the
American Legion a couple of names of a Firefighter & E.M.S. responder to be considered for the
American Legion Award. We were recently contacted by the Legion that these men had won at
the Regional level and moved onto the State competition.
The Firefighter that was chosen was Michael Dunnam who is now with the Alamo Heights Fire
Department.
The EMS responder that was chosen was Casey Green, who is a volunteer with the Anna F.D.
and is also employed with A.M.R. here in Anna.
Both men are planning on attending the meeting.
RECOMMENDATION: Recognize and thank the American Legion for their service and
consideration of these two personnel.
a
r s �
Council Meeting: October 23, 2012
Account Code #: 50-634-6941
Budgeted Amount: $1 600 000
Item No. 7
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philia Sanders
Exhibits: X Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution awarding a bid and
approving a contract for the FM 455 Utility Relocation Project.
SUMMARY: We have been advised by TxDOT that the reconstruction of FM 455 is expected
to start in the spring or early summer of 2013. Prior to the start of construction, the City must
relocate its water and sewer lines that will be in conflict with the project. Bids on the
construction plans for this project were opened on October 11, 2012. The only bid the City
received was from Quality Excavation, Ltd. in the amount of $1,226,676 which is far lower than
the estimated project budget.
The project engineer estimates that approximately $973,855 of the total project cost will be
reimbursed to the City and Collin County from TXDOT. An additional $412,120 will be funded
by Collin County through an Interlocal Agreement approved by the City Council in September of
2011 (Resolution No. 2011-09-01). These figures include the $159,900 in engineering costs
already expended in addition to the bid of $1,226,676 for construction. The reimbursement
amounts are approximate pending approval of TxDOT.
RECOMMENDATION: The city's consulting engineer on this project has checked references
provided in the bid, and has found that Quality Excavation, Ltd. has a record of satisfactorily
completing projects similar to this project; and they appear to have the necessary equipment and
appropriate financial means to properly pursue this work. Staff recommends approval of the
attached Resolution which awards the construction contract to Quality Excavation, Ltd.
CITY OF ANNA, TEXAS
RESOLUTION NO,
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE
CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A CONTRACT WITH
QUALITY EXCAVATION, LTD. FOR THE FM 455 UTILITY RELOCATION PROJECT.
WHEREAS, the Texas Department of Transportation (TxDOT) anticipates starting
construction on the FM 455 expansion project in the Spring or early Summer 2013; and,
WHEREAS, prior to the start of construction, the City of Anna, Texas (City) must relocate its
water and sewer lines that will be in conflict with the FM 455 expansion (the "Project"); and,
WHEREAS, on March 29, 2012, the City Council of the of the City of Anna, Texas (the City
Council) authorized the Staff to solicit competitive bids for the Project; and,
WHEREAS, the City, having solicited competitive bids in accordance with State law, opened
said bids on October 11, 2012; and,
WHEREAS, Quality Excavation, Ltd. is the apparent low bidder having submitted a bid of
$1,226,676; and,
WHEREAS, the City Council desires to award the Project bid to and execute a contract with
Quality Excavation, Ltd. for construction of the Project;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval and Authorization of Contract.
The City Council hereby approves the Contract attached hereto as Exhibit 1 for the FM 455
Utility Relocation Project, and authorizes, ratifies and approves the City Manager's
execution of same subject to final legal review and approval by the City Attorney. The City
Manager is hereby authorized to execute all documents and to take all other actions
necessary to finalize, act under, and enforce the Contract.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 23rd day
of October 2012.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mayor, Mike Crist
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
CONTRACT AGREEMENT
THIS, FM 455 Utility Relocations -This project consists of the lowering and/or relocation of
61500 ft of existing water lines and approximately 1,800 ft of existing sanitary sewer lines to avoid
conflicts with the proposed paving and storm sewer facilities in response to the widening of FM 455
through the City of Anna, Contract (hereinafter this "Contract Agreement") entered into this day
of 20 by and between the CITY OF ANNA TEXAS a Texas municipal
corporation, ("City") and located at
("Contractor"),
WITNESSETH:
WHEREAS, the City wishes to contract for the project identified as FM 455 Utility Relocations -
This project consists of the lowering and/or relocation of 6,500 ft of existing water lines and
approximately 1,800 ft of existing sanitary sewer lines to avoid conflicts with the proposed paving and
storm sewer facilities in response to the widening of FM 455 through the City of Anna, (the "Project");
and
WHEREAS, the Project shall include all work and activities necessary to complete the following
scope of work (hereinafter referenced as "Work"): This project consists of the lowering and/or relocation
of 6,500 ft of existing water lines and approximately 1,800 ft of existing sanitary sewer lines to avoid
conflicts with the proposed paving and storm sewer facilities in response to the widening of FM 455
through the City of Anna, in accordance with the Contract Documents as that term is defined herein;
and
WHEREAS, the Contractor has represented to the City that its personnel are qualified to
provide the Work required in this Contract Agreement in a professional, timely manner as time is of the
essence; and
WHEREAS, the City has relied upon the above representations by the Contractor; and
WHEREAS, the City's consulting engineer has recommended that an agreement for aforesaid
construction be entered into with the Contractor;
NOW, THEREFORE, for and in consideration of these premises, of the mutual covenants herein
set forth, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the parties hereto hereby agree as follows:
Section 1. DOCUMENTS INCORPORATED BY REFERENCE
This Contract Agreement includes the recitals set forth above and the following documents:
Invitation to Bid;
Notice to Bidders;
Qualification Statement of Bidders;
Qualification Statement of Bidder's Surety;
Prevailing Wage Rates for Municipal Construction in Anna, Texas;
Vendors Compliance to State Law;
Conflicts of Interest Questionnaire;
Affidavit Against Prohibited Acts;
Proposal and Bid Form;
33
Request for Certificate of Exemption from Texas Limited Sales, Excise and Use Tax;
Contract Agreement;
Bidders Bond;
Performance Bond;
Payment Bond;
Maintenance Bond;
Certificate of Insurance;
Notice to Proceed;
Any executed Change Orders;
Supplementary General Provisions and Technical Specifications; and,
Plans, Specifications and Drawings and all other documents made available to bidder for his
inspection in accordance with Invitation to Bid,2
all of which are hereby incorporated herein by reference, whether or not attached hereto, and made a
part hereof (hereinafter along with this Contract Agreement and referenced collectively as the
'Contract" or "Contract Documents"). Change Orders issued hereafter, Construction Change Directives,
a Direction for a Minor Modification in the Work issued by the City, and any other amendments
executed by the City and the Contractor, shall become and be a part of the Contract Documents.
Documents not included or expressly contemplated in this Section 1 do not, and shall not, form any part
of the Contract. The Contract Documents are intended to be complementary, and a requirement in one
document shall be deemed to be required in all documents. However, in the event of any conflict
between any of the above -listed documents and this Contract Agreement, this Contract Agreement
shall control.
Section 2. REPRESENTATIONS OF THE CONTRACTOR
In order to induce the City to execute the Contract and recognizing that the City is relying thereon, the
Contractor, by executing the Contract, makes the following express representations to the City:
2.01 The Contractor is fully qualified to act as the general contractor for the Project and has, and
shall maintain, any and all licenses, permits or other authorizations necessary to act as the
general contractor for, and to construct the Project;
2.02 The Contractor has become familiar with the Project site and the local conditions under which
the Project is to be constructed and operated;
2.03 The Contractor has received, reviewed and examined all of the documents which make up the
Contract, including, but not limited to all plans and specifications, and has found them to the
best of its knowledge, to be complete, accurate, adequate, consistent, coordinated and
sufficient for construction.
Section 3. INTENT AND INTERPRETATION
With respect to the intent and interpretation of the Contract, the City and the Contractor agree as
follows:
3.01 This Contract Agreement (along with its exhibits and other documents expressly referenced in
Section 1, above), together with the Contractor's and Surety's bid/proposal bond, performance
2 If plans, specifications or drawings are too bulky or cumbersome to be physically bound, they are to be
considered incorporated by reference into the aforementioned contract documents.
34
and payment bonds, and maintenance bonds for the Project constitute the entire and exclusive
agreements between the parties with reference to the Project, and said Contract supersedes
any and all prior discussions, communications, representations, understandings, negotiations,
or agreements.
3.02 Anything that may be required, implied or reasonably inferred by the documents which make up
the Contract, or any one or more of them, shall be provided by the Contractor with no increase
to the Contract Price;
3.03 Nothing contained in the Contract shall create, nor be interpreted to create, privity or any other
relationship whatsoever between the City and any person except the Contractor;
3.04 When a word, term, or phrase is used in the Contract, it shall be interpreted or construed first,
as defined herein; second, if not defined, according to its generally accepted meaning in the
construction industry; and third, if there is no generally accepted meaning in the construction
industry, according to its common and customary usage;
3.05 Wherever the Contract calls for "strict" compliance or conformance with the Contract Documents
as to matters —other than compliance with time limits, providing an updated schedule, and claim
and change order procedures —the term shall mean within tolerances as described specifically
in the Contract Documents, or if not specifically described, within industry standards and
tolerances for deviation for the specific item or procedure in question;
3.06 The words "include", "includes", or "including", as used in the Contract, shall be deemed to be
followed by the phrase, "without limitation";
3.07 The listing herein of any items as constituting a material breach of the Contract shall not imply
that any other, non -listed item will not constitute a material breach of the Contract;
3.08 The Contractor shall have a continuing duty to read, examine, review, compare and contrast
each of the documents which make up the Contract, shop dr(3wings, and other submittals and
shall give written notice to the City of any conflict, ambiguity, error or omission which the
Contractor may find with respect to these documents, before proceeding with the associated
part of the Work. The express or implied approval by the City or its designee of any shop
drawings or other submittals shall not relieve the Contractor of the continuing duties imposed
hereby, nor shall any such approval be evidence of the Contractor's compliance with the
Contract. If the Contractor performs any activity knowing it involves an error, inconsistency or
omission which was recognized, obvious, or reasonably should have been recognized, without
such notice to the City, the Contractor shall assume responsibility for such performance and
shall bear the costs for correction;
3.09 In the event of any conflict, discrepancy, or inconsistency among any of the documents which
make up the Contract, the following shall control:
(1) as between this Contract Agreement and any other document, this document shall
govern; or,
(2) in the case of any conflict, discrepancy or inconsistency among any of the other Contract
Documents, and such conflict is not resolved by reference to the Supplementary General
Provisions and Technical Specifications, then the Contractor shall notify the City
immediately upon discovery of same for resolution.
35
Section 4. CONTRACTOR'S PERFORMANCE
The Contractor shall perform all of the Work required, implied or reasonably inferable from the Contract
including, but not limited to, the following:
4.01 The Contractor will complete the entire Work described in the Contract Documents, except as
specifically identified therein as the work of other parties or expressly excluded by specific
reference, in accordance with the terms herein.
4.02 The furnishing of any and all required surety bonds and insurance certificates) and
endorsement(s);
4.03 The provision or furnishing, and prompt payment therefor, of labor, supervision, services,
materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage,
disposal, power, fuel, heat, light, cooling, or other utilities, required for construction and all
necessary building permits and other permits or licenses required for the construction of the
Project;
4.04 The creation and maintenance of a detailed and comprehensive copy of the drawings,
specifications, addenda, change orders and other modifications depicting all as -built
construction. Said items shall be submitted to the City, along with other required submittals
upon Completion of the Project, and receipt of same by the City shall be a condition precedent
to final payment to the Contractor. The Contractor shall prepare and submit final as -built
drawings to the City.
Section 5. TIME FOR CONTRACTOR'S PERFORMANCE; DELAYS
5.01 The Contractor shall commence the performance of the Contract on the date set forth in the
Notice to Proceed issued by the City Manager or the City Manager's designee and shall
diligently continue its performance to and until Completion of the Project. The Contractor shall
accomplish Substantial Completion (as defined herein below) of the Project not more
than 210 calendar days following the issuance of the Notice to Proceed, (sometimes
hereinafter referred to as the "Contract Time"). Contractor shall document inclement weather
days. By signing the Contract, the Contractor agrees that the Contract Time is a reasonable
time for accomplishing Completion of the Project and completion of the Project within the
Contract Time is of the essence.
5.02 For each and every calendar day of unexcused delay in achieving Substantial Completion
beyond the date set forth herein for Substantial Completion, the Contractor shall pay the City
the sum per day (or said per -day sum shall be deducted from the monies due the Contractor) as
set forth in the following schedule:
AMOUNT OF CONTRACT AMOUNT OF LIQUIDATED DAMAGES
Less than $25,000.00 $100.00
$25,000.00 to $99,999.99 $160.00
$100,000.00 to $999,999.99 4)240.00
Per Day
Per Day
36
More than $1,000,000.00 $500.00 Per Day
Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but
as liquidated damages representing an estimate of delay damages likely to be sustained by the
City, estimated at the time of executing the Contract. When the City reasonably believes that
Substantial Completion will be inexcusably delayed, the City shall be entitled, but not required,
to withhold from any amounts otherwise due the Contractor an amount then believed by the City
to be adequate to recover liquidated damages applicable to such delays. If and when the
Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for
which the City has withheld payment, the City shall promptly release to the Contractor those
funds withheld over and above what ultimately came due as liquidated damages;
5.03 The term "Substantial Completion", as used herein, shall mean the point at which, as certified in
writing by the City's consulting architect/engineer or other appropriate independent contractor or
representative and approved by the City, the Project is at a level of completion in strict
compliance with the Contract such that the City or its designee can enjoy beneficial use or
occupancy and can legally occupy, use or operate it in all respects, for its intended purpose.
Partial use or occupancy of the Project shall not result in the Project being deemed substantially
complete, and such partial use or occupancy shall not be evidence of Substantial Completion,
5.04 All limitations of time set forth herein are material and are of the essence of the Contract.
5.05 Contractor agrees to punctually and diligently perform all parts of the Work at the time
scheduled in this Contract Agreement. In this connection, Contractor agrees that it will keep
itself continually informed of the progress of the job and will, upon its own initiative, confer with
the City so as to plan its Work in coordinated sequence with the work of the City, if any, and of
others and so as to be able to expeditiously undertake and perform its work at the time most
beneficial to the entire Project. The Contractor will be liable for any loss, costs, or damages
sustained by the City for delays in performing the Work hereunder, other than for excusable
delays, as set forth in 5.06 below, for which Contractor may be granted a reasonable extension
of time.
5.06 If the Contractor is delayed at any time in the progress of the Work by any separate contractor
employed by the City, or by changes in the Work, or by labor disputes, fire, unusual delay in
transportation, unusually severe weather conditions, unavoidable casualties, delays specifically
authorized by the City, or by causes beyond the Contractor's control, avoidance, or mitigation,
and without the fault or negligence of the Contractor and/or subcontractor or supplier at any tier,
then the contract time shall be extended by Change Order for such reasonable time, if any, as
the City may determine that such event has delayed the progress of the Work, or overall
completion of the Work if the Contractor complies with the notice and documentation
requirements set forth below.
(1) If the Contractor is delayed, obstructed, hindered or interrupted for a period of time
exceeding seven calendar days by any act or neglect of the City, an adjustment shall be
made for any increase in the direct cost of performance of this contract (excluding profit,
extended home office overhead, incidental or consequential damages or disruption
damages) and the Contract modified in writing accordingly. The Contractor must assert
its right under this section by giving written notice to the City Manager within10 calendar
days of the beginning of a delay, obstruction, hindrance or interruption by the City. No
adjustment shall be made for any delay, obstruction, hindrance or interruption after final
payment under this contract or to the extent that performance would have been so
delayed, obstructed, hindered or interrupted by any other cause, including, but not
limited to concurrent cause or fault or negligence of the Contractor, or for which an
37
equitable adjustment is provided for or excluded under any other term or condition of this
contract. The direct costs described above shall be limited to those direct costs
attributable solely to this project, and shall be subject to documentation and verification
of costs as required by the City. If unit prices are established in the Contract Documents
or subsequently agreed upon, they shall form the basis for cost calculations under any
claims for delay.
(2) Any claim for extension of time shall be made in writing to the City, not more than 10
calendar days from the beginning of the delay. The notice shall indicate the cause of
delay upon the progress of Work. If the cause of the delay is continuing, the Contractor
must give such written notice every 10 calendar days. Within 10 calendar days after the
elimination of any such delay, the Contractor shall submit further documentation of the
delay and a formal Change Order request for an extension of time for such delay.
(3) The written request for a time extension shall state the cause of the delay, the number of
calendar days extension requested, and such analysis and other documentation as is
reasonably requested by the City to demonstrate a delay in the progress of the Work or
the overall project completion. If the Contractor does not comply with the above notice
and documentation requirements, the claim for the delay shall be waived by the
Contractor. The above notice and documentation requirements shall also be a condition
precedent to the Contractor's entitlement to any extension of time.
(4) Extensions of time will be the contractor's primary remedy for any and all delays,
obstructions, hindrances, or interference. Payment or compensation, for direct costs only
(as set forth above), may be made to the Contractor for hindrances or delays solely
caused by the City if such delays or hindrances are within the City's ability to control and
are not partially caused by the Contractor or any of its agents, subcontractors or others
for whom it is responsible. No payment or compensation will be made for interference,
obstructions, hindrances or delays which are not solely caused by the City and which the
City fails to cure after a reasonable period after written notice.
(5) Without limitation, the City's exercise of its rights under provisions related to changes to
the Work, regardless of the extent or number of such changes, or the City's exercise of
any of its remedies or any requirement to correct or re -execute defective Work, shall not
under any circumstances be construed as delays, hindrances or interference
compensable further than as described herein.
Section 6. FIXED PRICE AND CONTRACT PAYMENTS
6.01 The City shall pay, and the Contractor shall accept, as full and complete payment for the
Contractor's timely performance of its obligations hereunder the fixed price of
. The price set forth in this Section 6.01 shall constitute the Contract Price,
which shall not be modified except by Change Order or adjustment pursuant to approved unit
prices, if any, as provided in the Contract.
6.02 The City shall pay the Contract Price to the Contractor in accordance with the procedures set
forth in this Section 6 and as set forth here:
(1) On or before the 10th calendar day of each month after commencement of performance,
but no more frequently than once monthly, the Contractor may submit a payment
request for the period ending the last calendar day of the previous month (the "Payment
Request"). Said Payment Request shall be in such format and include whatever
supporting information as may be required by the City. Therein, the Contractor may
request payment for 90% of that part of the Contract Price allocable to Contract
requirements properly provided, labor, materials and equipment properly incorporated in
the Project, and materials or equipment necessary for the Project and properly stored at
the Project site (or elsewhere if offsite storage is approved in writing by the City), less
the total amount of previous payments received from the City. Payment for materials
stored offsite shall be at the discretion of the City and if approved, the Contractor shall
provide appropriate documentation to substantiate materials are stored in a bonded
warehouse or facility, title or other proof of ownership has been transferred to the City,
and that materials have been purchased and paid for by the Contractor (copies of paid
invoices must be submitted to the City with payment request). Risk of loss shall be borne
by, and insurance must be provided by the Contractor while in storage, transit and use
during construction. At 75% completion of the Contract, by dollar value, and at the option
of the City, retainage may be reduced to 5% plus an additional amount as detailed in
Section 6.06 below for any part of the Work that is defective or non -conforming and in
Section 5.02 above for anticipated liquidated damages.
(2) Amounts reflected in Change Orders may be included in Payment Requests to the
extent they are not in dispute and subject to final approval of cost to the City for such
changes in the work.
(3) Each Payment Request shall be signed by the Contractor and shall constitute the
Contractor's representation that the quantity of Work has reached the level for which
payment is requested, that the Work has been properly installed or performed in strict
compliance with the Contract, and that the Contractor knows of no reason why payment
should not be made as requested.
(4) Thereafter, the City shall review the Payment Request and may also review the Work at
tME; Project site or elsewhere to determine whether the quantity and quality of the work is
as represented in the Payment Request and is as required by the Contract. The amount
of each such payment shall be the amount approved for payment by the City less such
amounts, if any, otherwise owing by the Contractor to the City or which the City shall
have the right to withhold as authorized by the Contract, subject to approval by the City.
Approval of the Contractor's Payment Requests shall not preclude the City from the
exercise of any of its rights as set forth in 6.06 herein below.
(5) The submission by the Contractor of a Payment Request also constitutes an affirmative
representation and warranty that all work for which the City has previously paid is free
and clear of any lien, claim, or other encumbrance of any person whatsoever. As a
condition precedent to payment, the Contractor shall, if required by the City, also furnish
to the City properly executed waivers of lien or claim, in a form acceptable to the City,
from all subcontractors, materialmen, suppliers or others having lien or claim rights,
wherein said subcontractors, materialmen, suppliers or others having lien or claim rights,
shall acknowledge receipt of all sums due pursuant to all prior Payment Requests and
waive and relinquish any liens, lien rights or other claims relating to the Project site.
Furthermore, the Contractor warrants and represents that, upon payment of the
Payment Request submitted, title to all work included in such payment shall be vested in
the City.
6.03 When payment is received from the City, the Contractor shall within seven calendar days pay all
subcontractors, material men, laborers and suppliers the amounts they are due for the work
covered by such payment. In the event the City becomes informed that the Contractor has not
paid a subcontractor, material man, laborer, or supplier as provided herein, the City shall have
the right, but not the duty, to issue future checks and payment to the Contractor of amounts
otherwise due hereunder naming the Contractor and any such subcontractor, material an,
laborer, or supplier as joint payees. The City shall notify the Contractor of its intent to implement
such a procedure, and will give the Contractor a reasonable period to cure any such failure prior
to implementing the procedure. Such joint -check procedure, if employed by the City, shall create
no rights in favor of any person or entity beyond the right of the named payees to payment of
the check as a co -payee and shall not be deemed to commit the City to repeat the procedure in
the future.
6.04 Neither payment to the Contractor, full or partial utilization of the Project for any purpose by the
City, nor any other act or omission by the City shall be interpreted or construed as an
acceptance of any work of the Contractor not strictly in compliance with the Contract;
6.05 After written notice to the Contractor and a reasonable opportunity to cure, the City shall have
the right to refuse to make payment, in whole or in part, and, if necessary, may demand the
return of a portion or all of the amount previously paid to the Contractor due to:
(1) The quality of a portion, or all, of the Contractor's work not being in accordance with the
requirements of the Contract;
(2) The quantity of the Contractor's work not being as represented in the Contractor's
Payment Request, or otherwise;
(3) The Contractor's rate of progress being such that, in the opinion of the City, Substantial
Completion may be inexcusably delayed;
(4) The Contractor's failure to use Contract funds, previously paid the Contractor by the City,
to pay Contractor's Project -related obligations including, but not limited to,
subcontractors, laborers and material and equipment suppliers;
(5) Claims made, or likely to be made, against the City or its property for which the
Contractor or its agents or subcontractors or others for whom it is responsible are, or
reasonably appear to be at fault;
(6) Loss caused by the ('ontractor;
(7) The Contractor's failure or refusal to perform any of its obligations to the City, after
written notice and a reasonable opportunity to cure as set forth above.
In the event that the City makes written demand upon the Contractor for amounts previously
paid by the City as contemplated in this Section 6.05, the Contractor shall promptly comply with
such demand. The City's rights hereunder survive the term of this Contract Agreement, are not
waived by final payment and/or acceptance, and are in addition to Contractor's obligations
elsewhere herein.
6.06 When the Contractor believes that Substantial Completion has been achieved, the Contractor
shall notify the City in writing and shall furnish a listing of those matters, if any, yet to be
finished. The City will thereupon conduct a site review to confirm that the Project is in fact
substantially complete. If the City, through its review, finds that the Contractor's work is not
substantially complete, and is required to repeat all, or any portion, of such review, the
Contractor shall bear the cost of such repeat site review(s), which cost may be deducted by the
City from any payment then or thereafter due to the Contractor. Guarantees and equipment
warranties required by the Contract shall commence on the date of Substantial Completion.
Upon Substantial Completion, the City shall pay the Contractor an amount sufficient to increase
total payments to the Contractor to 100% of the Contract Price less any amounts attributable to
m
damages, and less 15070 of the costs, as reasonably determined by the City, incurred for the
City to complete any incomplete work, correcting and bringing into conformance all defective
and nonconforming work, and handling any outstanding or threatened claims. Such a
calculation by the City of costs for completing all incomplete work, correcting and bringing into
conformance all defective and nonconforming work, and handling any outstanding or threatened
claims shall not bar the City from exercising its stated rights elsewhere in the Contract, or
otherwise as provided by law for any incomplete, defective or nonconforming work or claims that
are discovered by the City after the date of making such calculation or after the date of any
partial or final payment, whether or not such incomplete, defective or nonconforming work or
claims were obvious or should have been discovered earlier.
6.07 When the Project is finally complete and the Contractor is ready for a final review, it shall notify
the City thereof in writing. Thereupon, the City will perform a final site review of the Project. If
the City concurs that the Project is complete in full accordance with the Contract and that the
Contractor has performed all of its obligations to the City hereunder, the Contractor will furnish a
final Approval for Payment to the City certifying to the City that the Project is complete and the
Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld
pursuant to the Contract. If the City is unable to issue its final Approval for Payment and is
required to repeat its final review of the Project, the Contractor shall bear the cost of such repeat
review(s), which costs may be deducted by the City from the Contractor's final payment;
6.08 The City shall, subject to its rights set forth in Section 6.06 above and elsewhere in the
Contract, endeavor to make final payment of all sums due the Contractor within 30 calendar
days of the final Approval for Payment, with the exception of items in dispute or concerning
which the City has exercised any of its rights to investigate or remove.
Section 7. INFORMATION AND MATERIAL SUPPLIED BY THE CITY
7.01 The City has furnished to the Contractor, prior to the execution of this Contract Agreement, all
written and tangible material in its possession relevant to the conditions at the site of the
Project. Such written and tangible material has been furnished to the Contractor only in order to
make complete disclosure of such material as being in the possession of the City and for no
other purpose. By furnishing such material, the City does not represent, warrant, or guarantee
its accuracy either in whole, in part, implicitly or explicitly, or at all.
7.02 Differing site conditions. The Contractor shall promptly, and before such conditions are
disturbed, notify the City in writing of: (1) subsurface or latent physical conditions at the site
differing materially from those indicated in the contract, or (2) unknown physical conditions at
the site, of an unusual nature, differing materially from those ordinarily encountered and
generally recognized as inhering in work of the character provided for in this contract. The City
shall investigate the conditions, and if it finds that such conditions do materially so differ and
cause an increase or decrease in the Contractor's cost of, or the time required for, performance
of any part of the Work under the Contract, whether or not changed as a result of such
conditions, an adjustment shall be made, through negotiation and mutual agreement, and the
contract modified in writing accordingly.
Section 8. CEASE AND DESIST ORDER/OWNER'S RIGHT TO PERFORM WORK
8.01 In the event the Contractor fails or refuses to perform the Work, or any separable part thereof,
as required herein, or with the diligence that will ensure its proper, timely completion in
accordance with the contract documents, the City may instruct the Contractor, by written notice,
to cease and desist further Work, in whole or in part, or to correct deficient Work. Upon receipt
of such instruction, the Contractor shall immediately cease and desist, or proceed, as instructed
41
by the City. In the event the City issues such instructions to cease and desist, the Contractor
must, within seven calendar days of receipt of the City's instructions, provide a written, verified
plan to eliminate or correct the cause of the City's order, which plan appears to the City to be
reasonable, actually attainable and in good faith. In the event that the Contractor fails and/or
refuses to provide such a plan or diligently execute an approved plan, then the City shall have
the right, but not the obligation, to carry out the Work, or any portion thereof, with its own forces,
or with the forces of another contractor, and the Contractor shall be fully responsible and liable
for the costs of the City performing such work, which costs may be withheld from amounts due
to the Contractor from the City. The rights set forth herein are in addition to, and without
prejudice to, any other rights or remedies the City may have against the Contractor. If Work
completed by the City or other contractor affects, relates to, is to be attached onto or extended
by later Work of the Contractor, the Contractor shall, prior to proceeding with the later Work, and
to the extent visible, report any apparent defects or variance from the Contract requirements
which would render the Contractor's later Work not in compliance with the Contract
requirements or defective or not in compliance with warranties or other obligations of the
Contractor hereunder.
8.02 The provisions of this section shall be in addition to the City's ability to remove portions of the
Work from the Contract and complete it separately.
Section 9. CONTRACTOR'S DUTIES, OBLIGATIONS AND RESPONSIBILITIES
In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in the
Contract Documents, the Contractor shall have and perform the following duties, obligations and
responsibilities to the City:
9.01 Reference is hereby made to the continuing duties set forth in Section 3.08 above, which are
by reference hereby incorporated in this Section 9.01. The Contractor shall not perform work
without adequate plans and specifications, or without, as appropriate, approved shop drawings,
or other submittals. If the Contractor performs work knowing or believing, or if through exercise
of reasonable diligence it should have known that such work involves an error, inconsistency or
omission in the Contract without first providing written notice to the City, the Contractor shall be
responsible for such work and shall correct same bearing the costs set forth in Section 3.08
above.
9.02 All work shall strictly conform to the requirements of the Contract. To that end, the Contractor
shall be solely responsible for and have control over construction means, methods, techniques,
sequences and procedures and for coordinating all portions of the Work, unless otherwise
specified in the Contract Documents;
9.03 The work shall be strictly supervised, the Contractor bearing full responsibility for any and all
acts, errors or omissions of those engaged in the work on behalf of the Contractor, including,
but not limited to, all subcontractors and their employees. The Contractor shall maintain an on -
site superintendent while any portion of the Work is being performed. The Contractor shall
operate exclusively in the capacity of the City's independent contractor as to all work it performs
under the Contract, and not as an agent, employee, or representative of the City;
9.04 The Contractor hereby warrants that all laborers furnished under the Contract shall be qualified
and competent to perform the tasks undertaken, that the product of such labor shall yield only
first-class results, that all materials and equipment provided shall be new (unless otherwise
specified) and of high quality, that the completed work will be complete, of high quality, without
defects, and that all work strictly complies with the requirements of the Contract. Any work not
GEA
strictly complying with the requirements of this the Contract shall constitute a breach of the
Contractor's warranty.
9.05 The Contractor will be responsible for acquiring all required permit(s)—except as specifically
stated in Section 22.01 below —and calling for all required or routine inspections. The
Contractor will cooperate with and abide by the decision of inspectors having jurisdiction.
Should the Contractor have a dispute with any inspector or entity having jurisdiction, the
Contractor shall promptly notify the City Manager or the City Manager's designee. The
Contractor shall comply with all legal requirements applicable to the work
9.06 The Contractor shall employ and maintain at the Project site only competent, qualified full time
supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are
as follows:
NAME
FUNCTION
If at any time the City reasonably determines that any employee of the Contractor
is not properly performing the Work in the best interest of the City or the Project,
or is hindering the progress of the Work, or is otherwise objectionable, the City
shall so notify the Contractor, which shall replace the employee as soon as
possible, at no increased cost to the City.
9.07 The Contractor must submit to the City the Contractor's schedule for completing the work prior
to submittal of the first application for payment. The City will not review any payment request
until such schedule has been submitted and approved. Such schedule shall be in a form as
specified in the Contract or which shall have been approved by the City Manager or the City
Manager's designee, and which shall provide for expeditious and practicable construction of the
Project. The Contractor's schedule shall be updated no less frequently than monthly (unless the
parties otherwise agree in writing) and shall be updated to reflect conditions encountered from
time to time and shall apply to the total project. Each such revision shall be furnished to the City.
Strict compliance with the requirements of this Section 9.07 shall be a condition precedent to
payment to the Contractor, and failure by the Contractor to strictly comply with said
requirements shall constitute a material breach of the Contract.
9.08 The Contractor shall keep an updated copy of the Contract Documents at the site. Additionally,
the Contractor shall keep a copy of approved shop drawings and other submittals. All of these
items shall be available to the City during all regular business hours.
9.09 Shop drawings and other such submittals from the Contractor do not constitute a part of the
Contract. The Contractor shall not do any work requiring shop drawings or other submittals
unless such shall have been approved in writing by the City or as required by the Contract
Documents. All work requiring approved shop drawings or other submittals shall be done in
strict compliance with such approved documents or Contract requirements. However, approval
by the City shall not be evidence that work installed pursuant thereto conforms with the
requirements of the Contract, and shall not relieve the Contractor of responsibility for deviations
43
from the Contract unless the City has been specifically informed of the deviation by a writing
incorporated in the submittals and has approved the deviation in writing.
The delivery of submittals shall constitute a representation by the Contractor that it has verified
that the submittals meets the requirements of the Contract, or will do so, including field
measurements, materials and field construction criteria related thereto.
The City shall have no duty to review partial submittals or incomplete submittals. The Contractor
shall have the duty to carefully review, inspect, examine and physically stamp and sign any and
all submittals before submission of same to the City.
9.10 The Contractor shall maintain the Project site and adjacent areas affected by its work and/or the
acts of its employees, materialmen and subcontractors in a reasonably clean condition during
performance of the work. Upon substantial completion, the Contractor shall thoroughly clean the
Project site of all debris, trash and excess materials or equipment. If the Contractor fails to do
so, the City may complete the cleanup, by its own forces or by separate contract, and shall be
entitled to charge the Contractor for same through the collection or withholding of funds through
the mechanisms provided elsewhere in this Contract Agreement;
9.11 At all times relevant to the Contract, the Contractor shall permit the City and its consultants to
enter upon the Project site and any offsite lay down areas, safety permitting, and to review or
inspect the work and any materials on any such site, without formality or other procedure.
9.12 The Contractor recognizes that the City may enter into other contracts to perform work relating
to the Project, or to complete portions of the Work itself. The Contractor shall ensure that its
forces reasonably accommodate the forces of the City and other contractors hired by the City.
The Contractor shall coordinate its schedule with the work of other contractors. If the Contractor
claims that delay or damage results from these actions of the City, it shall promptly submit a
claim as provided herein.
9.13 Protection of persons and property.
(1) It shall be the responsibility of the Contractor to initiate, continue and supervise all safety
programs and precautions in the performance of the terms of the Contract. The
Contractor shall take reasonable precautions for the safety of, and shall provide
reasonable protection to prevent damage, injury or loss to its employees, subcontractors'
employees, employees of the City and members of the public, the Work itself and
unassembled components thereof, and other property at the site or adjacent thereto. As
part of the Contractor's obligations hereunder, the Contractor shall erect and maintain all
necessary and prudent safeguards, barriers, signs, warnings, etc.
(2) With notice to the City, the Contractor shall promptly remedy loss or damage to the Work
or any person or property described herein caused in whole or in part by the acts of the
Contractor or any subcontractor, sub -subcontractor or materialman. This obligation shall
be in addition to the requirements of Section 10 herein. The City may direct the
Contractor to remedy known violations of applicable laws, rules, regulations, and
interpretations related to safety when and if observed on the site. However, through
exercising this authority the City shall not incur any obligations to monitor, initiate,
continue, or supervise safety programs and precautions such to diminish the
Contractor's primary role in same. The City shall have the right to report suspected
safety violations to the Occupational Safety and Health Administration (OSHA) or other
appropriate authorities.
(3) The Contractor shall promptly notify the City upon discovery of any unidentified material
which Contractor reasonably believes to be asbestos, lead, PCB, or other hazardous
material, and shall immediately stop work in the affected area of the Project. The
Contractor shall not be responsible for removal or other work with regard to such
hazardous material unless otherwise agreed between the City and the Contractor. In the
case of work stopped due to the discovery of hazardous materials, Section 6 shall apply
to claims for delay, hindrance or interference. Work will resume in the affected area of
the Project immediately after such time as the hazardous material has been removed or
rendered harmless, as certified by an industrial hygienist to be engaged by the City.
9.14 The Contractor warrants to the Owner that materials and equipment furnished under the
Contract are of good quality and new unless otherwise required or permitted under the Contract
Documents, that the Work will be free from defects not inherent in the quality required or
permitted, and that the Work will conform to the requirements of the Contract Documents. Work
not conforming to these requirements, including substitutions not properly approved and
authorized, may be considered defective. The Contractor's warranty excludes remedy for
damage or defect caused by abuse, modifications not executed by the Contractor, improper or
insufficient maintenance, improper operation, or normal wear and tear and normal usage. If
required by the Owner, the Contractor shall furnish satisfactory evidence as to the kind and
quality of materials and equipment.
Section 10. INDEMNITY
Except for expenses or liabilities arising from the negliqence of the City, the Contractor hereby
expressly agrees to indemnify and hold the City harmless against any and all expenses and
liabilities arising out of the performance or default of the Contract as follows.
10.01 Contractor shall indemnify, and hold harmless, to the maximum extent permitted by law
City and its officers, agents, employees, and consultants from and against any and all
liability, damages, losses, (whether in contract or in tort, including personal injury,
accidental death or property damage, and regardless, of whether the allegations are
false, fraudulent or groundless), and costs (including reasonable attorney's fees,
litigation, arbitration, mediation, appeal expenses incurred in any matter, including a
proceeding to enforce this Section 10) which in whole or in part are caused by the
negligence, recklessness or intentional wrongful misconduct of the Contractor and
persons employed by or utilized by the Contractor in Contractor's performance of this
Contract Agreement,
10.02 Contractor's obligation to indemnify, defend and hold harmless shall remain in effect and
shall be binding upon Contractor whether such injury or damage shall accrue, or may be
discovered, before or after termination of the Contract.
10.03 Contractor's
failure
to comply
with
this section's provisions shall
constitute a
material
breach upon
which
City may
immediately terminate or suspend this Contract Agreement.
Section 11. CLAIMS BY THE CONTRACTOR
Claims by the Contractor against the City, other than for time extensions covered by Section 6
hereof, are subject to the following terms and conditions:
45
11.01 All Contractor claims against the City shall be initiated by a written claim submitted to the City.
Notice of such claim shall be received by the City no later than either 10 calendar days after the
event, or 10 calendar days after the first appearance of the circumstances causing the claim,
whichever is sooner, and same shall set forth in detail all known facts and circumstances
supporting the claim. Final costs associated with any claim upon which notice has been filed
must be submitted in writing to the City within 30 calendar days after notice has been received;
11.02 The Contractor and the City shall continue their performance hereunder regardless of the
existence of any claims submitted by the Contractor including claims set forth in Section 6
hereof;
11.03 In the event the Contractor discovers previously concealed and unknown site conditions which
are materially at variance from those typically and ordinarily encountered in the general
geographical location of the Project, the Contract Price may, with the approval of the City, be
modified, either upward or downward, upon the written notice of claim made by either party
within 10 calendar days after the first appearance to such party of the circumstances. Final
costs must be submitted within 30 calendar days after such notice is received by the City,
unless extended by written agreement of the parties. As a condition precedent to the City having
any liability to the Contractor due to concealed and unknown conditions, the Contractor must
give the City written notice of, and an opportunity to observe, such condition prior to disturbing
it. The failure by the Contractor to give the written notice and make the claim as provided by this
Section 11.03 and as required elsewhere under the Contract shall constitute a waiver by the
Contractor of any rights arising out of or relating to such concealed and unknown condition;
11.04 In the event the Contractor seeks to make a claim for an increase in the Contract Price, as a
condition precedent to any liability of the City therefor, unless emergency conditions exist, the
Contractor shall strictly comply with the requirements of Section 11.01 above and such claim
shall be made by the Contractor before proceeding to execute any work for which a claim is
made. Failure to comply with this condition precedent shall constitute a waiver by the Contractor
of any claim for additional compensation;
11.05 In connection with any claim by the Contractor against the City that would result in
compensation in excess of the Contract Price, any liability of the City for the Contractor's cost in
this regard shall be limited to those cost categories set forth in Section 13.07 below.
Section 12. SUBCONTRACTORS
12.01 Prior to execution of the Contract, the Contractor shall have identified to the City in writing,
those parties required to be listed on the proposal form as subcontractors on the Project. Any
changes to this list at any time shall be subject to the prior approval of the City. The City shall, in
writing, state any objections the City may have to one or more of such subcontractors. The
Contractor shall not enter into a subcontract with an intended subcontractor to whom the City
objects. If at any time the City objects to a subcontractor, the Contractor shall solicit proposals
from potential replacements and shall submit the three lowest proposals to the City, along with
the Contractor's proposed choice as replacement. If the approved replacement subcontractor's
cost is verified to be higher than the removed subcontractor, the excess shall be added to the
Contract Price, unless the subcontractor in question has to be removed due to a default, or
deficient performance.
If the approved replacement subcontractor's cost is lower than the removed subcontractor, the
difference shall be deducted from the Contract Price. Subcontractor markups shall be limited to
those listed in Section 13.07 below.
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All subcontracts shall afford the Contractor rights against the subcontractor which correspond to
those rights afforded to the City against the Contractor herein, including those rights of Contract
termination as set forth herein below.
12.02 Each and every subcontract related to the Project is hereby assigned by the Contractor to the
City, contingent upon the termination of the Contract for default or convenience as provided
herein, and only as to those subcontracts which the City accepts in writing directed to the
Contractor. This contingent assignment is subject to the prior rights of any surety obligated
under a bond related to the Contract. This contingent assignment will operate prospectively from
the effective date of assignment, and will not obligate the City to any liabilities existing on the
effective date of the assignment, or arising from events, acts, failures to act, facts or
circumstances existing prior to the effective date of the assignment. The contracts subject to this
contingent assignment shall also be further assignable by the City, at the City's sole option. The
Contractor shall bear the responsibility of notifying subcontractors of this contingent assignment
and including it in all subcontracts in connection with the Project.
Section 13. CHANGE ORDERS
13.01 The City Manager or the City Manager's express designee shall be the sole authorized
representative of the City. Other than in matters of public safety or in time of emergency
management, the Contractor shall not take direction or act upon information from any City
personnel other than the City Manager's expressly authorized designee(s).
13.02 One or more changes to the work within the general scope of the Contract, may be ordered by
Change Order. The City may also issue written directions for minor changes in the Work Cl"
may issue Construction Change Directives, as set forth below. The Contractor shall proceed
with any such changes or Construction Change Directives without delay and in a diligent
manner, and same shall be accomplished in strict accordance with the following terms and
conditions:
13.03 Change Order shall mean a written order directed to the Contractor executed by the City after
execution of the Contract, directing a change in the work. A Change Order may include a
change in the Contract Price, (other than a change attributable to damages for delay as
provided in Section 6 hereof), or the time for the Contractor's performance, or any combination
thereof. Where there is a lack of total agreement on the terms of a Change Order or insufficient
time to execute a bilateral change, the City may also direct a change in the Work in the form of
a Construction Change Directive, which will set forth the change in the Work and the change, if
any, in the Contract Price or time for performance, for subsequent inclusion in a Change Order;
Construction Change Directives shall include a notAo-exceed preliminary price, against which
the Contractor may begin billing (subject to the requirements for pay applications elsewhere
herein) as the work is performed.
(1) The Contractor shall furnish a price breakdown, itemized as required and within the time
specified by the City, with any proposal for a contract modification.
(2) The price breakdown
(a) must include sufficient detail to permit an analysis of all costs for material, labor,
equipment and subcontracts, and
m
(b) must cover all work involved in the modification, whether the work was deleted,
added or changed.
(3) The Contractor shall provide similar price breakdowns to support any amounts claimed
for subcontracts.
(4) The Contractor's proposal shall include a complete justification for any time extension
proposed.
13.04 Any change in the Contract Price resulting from a Change Order shall be determined as follows:
(1) By mutual agreement between the City and the Contractor as evidenced by (a) the
change in the Contract Price being set forth in the Change Order, (b) such change in the
Contract Price, together with any conditions or requirements relating thereto, being
initialed by both parties and (c) the Contractor's execution of the Change Order; or,
(2) If no mutual agreement occurs between the City and the Contractor, the change in the
Contract Price, if any, shall be derived by determining the reasonable actual costs
incurred or savings achieved, resulting from revisions in the work. Such reasonable
actual costs or savings shall include a component for direct job site overhead and profit
but shall not include home -office overhead or other indirect costs or components. The
calculation of actual costs shall conform to the markup schedule in Section 13.07 below.
Any such costs or savings shall be documented in the format, and with such content and
detail as the City requires.
The Contractor shall promptly submit such documentation and other supporting materials as the
City may require in evaluating the actual costs incurred or to be incurred.
13.05 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the
Contractor's agreement to the ordered changes in the work, the Contract as thus amended, the
Contract Price and the time for performance by the Contractor, regardless of the nature, amount
or extent of the changes. The Contractor, by executing the Change Order, waives and forever
releases any claim against the City for additional time or compensation for matters relating to,
arising out of or resulting from the work included within or affected by the executed Change
Order of which the Contractor knew or should have known.
13.06 The Contractor shall notify and obtain the consent and approval of the Contractor's surety with
reference to all Change Orders if such notice, consent or approval are required by the City, the
Contractor's surety or by law. The Contractor's execution of the Change order shall constitute
the Contractor's warranty to the City that the surety has been notified of, and consents to, such
Change Order and the surety shall be conclusively deemed to have been notified of such
Change Order and to have expressly consented thereto.
13.07 For the purpose of Change Orders, the following definitions of terms and other restrictions
apply:
Contractor's or Subcontractor's Materials shall include the cost of materials, sales tax,
and the cost of all transport. The cost of items listed shall be directly related to the
Change Order. Indirect costs not specifically related to the Change Order shall not be
considered.
MI
Contractor's or Subcontractor's Direct Labor Cost shall be limited to the hourly rate of
directly involved workmen, employer contributions towards company standard benefits,
pensions, unemployment or social security (if any), and employer costs for paid sick and
annual leave.
Contractor's or Subcontractor's Overhead shall include license fees, bond premiums,
supervision, wages of timekeepers and clerks, incidentals, home and field office
expense, and vehicle expense directly related to the Project, and all other direct Project
expenses not included in the Contractor's materials, direct labor, and equipment costs.
The allowance for Overhead and Profit shall be limited to the following schedule:
1. For the Contractor, for any work performed by the Contractor's own forces, 10%
of the Subtotal of Costs to the Contractor.
2. For the Contractor, for any work performed by his Subcontractor, 5% of the
amount due the Subcontractor.
3. For each Subcontractor or Sub -subcontractor involved, for any work performed
by their own forces, 10% of their materials and direct labor costs.
4. For each Subcontractor, for work performed by his Sub-subcontractor(s), 5% of
the amount due the Sub -subcontractor.
For Change Orders, the total cost or credit to the Owner shall be based on the following
schedule:
Contractor's Materials Cost
+ Contractor's Direct Labor Costs
+ Contractor's Equipment Costs (includes owned/rental equipment)3
+ Applicable Subcontractor Costs
=Subtotal of Costs to the Contractor
+ Contractor's Overhead and Profit
=Total Cost or Credit to the Owner
13.08 Nothing Contained in this section shall be deemed to contradict or limit the terms of Section
6.05 above.
Section 14. DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK
14.01 In the event that the Contractor covers, conceals or obscures its work in violation of the Contract
or in violation of an instruction from the City, such work shall be uncovered and displayed for
1 Owned Equipment For equipment owned by the Contractor, actually used in Change Order work including sales tax, or any
related business entity, regardless of whether Contractor leases such equipment from the related business entity, the cost
shall be the lesser of (i) the Contractor's actual ownership cost, or (ii) 85% of the applicable ownership cost listed in the most
recent edition of the Contractor's Equipment Cost Guide, published by Dataquest.
Third Party Rental Equipment For equipment actually rented by the Contractor, actually used in Change Order work
including sales tax, from an unrelated third party, the cost shall be the lesser of (i) the Contractor's actual rental cost, or (ii)
85% of the applicable equipment rates based on the most recent edition of the Rental Rate Bluebook for Construction
published by Dataquest. A reasonable rental cost shall be allowed as determined by the City Manager or the City Manager's
designee when machinery and construction equipment not so listed is required.
49
review by the City and/or its consultants upon request, and shall be reworked at no cost in time
or money to the City.
14.02 If any of the work is covered, concealed or obscured in a manner not covered by Section 14.01
above, it shall, if directed by the City, be uncovered and displayed for the City and/or its
consultants. If the uncovered work conforms strictly with the Contract, the costs incurred by the
Contractor to uncover and subsequently, replace such work shall be borne by the City.
Otherwise, such costs shall be borne by the Contractor.
14.03 The Contractor shall, at no cost in time or money to the City, correct work rejected by the City as
defective or failing to conform to the Contract. Additionally, the Contractor shall reimburse the
City for all testing, review, inspections and other expenses incurred as a result thereof.
14.05 In addition to its warranty obligations set forth elsewhere in this Contract Agreement and any
manufacturer's warranties provided on the Project, and in addition to other remedies provided
herein or by law to the City, the Contractor shall be specifically obligated to promptly correct any
and all defective or nonconforming work, whether obvious or after -discovered, for a period of 12
months following Substantial Completion upon written direction from the City.
14.06 The City may, but shall in no event be required to, choose to accept defective or nonconforming
work. In such event, the Contract Price shall be reduced by the greater of (1) the reasonable
costs of removing and correcting the defective or nonconforming work, or (2) the difference
between the fair market value of the Project as constructed and the fair market value of the
Project had it not been constructed in such a manner as to include defective or nonconforming
work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate
the City for the acceptance of defective or nonconforming work, the Contractor shall, upon
written demand from the City, pay the City such remaining compensation for accepting defective
or nonconforming work. The Contractor shall have an opportunity to correct any defect or non-
conformance prior to the City taking the above actions. The contractor, upon written notice of
any defect or non-conformance, shall have 10 calendar days to make corrections, unless the
City agrees that the correction will require more than 10 calendar days to correct.
Section 15. CITY'S RIGHT TO SUSPEND CONTRA('TOR'S PERFORMANCE
15.01 In addition to the City's rights under Section 8 and elsewhere in this Contract Agreement, the
City shall have the right at any time to direct the Contractor to suspend its performance, or any
designated part thereof when in the interests of the City. If any such suspension is directed by
the City, the Contractor shall immediately comply with same.
15.02 In the event the City directs a suspension of performance under this section, through no fault of
the Contractor, if the suspension is lifted other than by Termination, the City shall pay the
Contractor as full compensation for such suspension the Contractor's ordinary and reasonable
costs, actually incurred and paid, of:
(1) demobilization and remobilization, including such justifiable costs paid to subcontractors
(cost categories and markups limited to those set forth in Section 13.0? above);
(2) preserving and protecting work in place;
(3) approved storage of materials or equipment purchased for the Project, including
insurance thereon; and
(4) substantiated extended field office overhead (but no home -office overhead).
50
15.03 The City may order suspension of the Work in whole or in part for such time as deemed
necessary because of the failure of the Contractor to comply with any of the requirements of this
Contract Agreement, and the Contract Agreement's completion date shall not be extended on
account of any such suspension of Work.
When the City orders any suspension of the Work under this Section 15.03, the
Contractor shall not be entitled to any payment for Work which the Contractor performs
after notice of suspension and/or during the suspension period and shall not be entitled
to any costs or damages resulting from such suspension.
15.04 The City's rights under this section shall be in addition to those contained elsewhere in the
Contract or provided by law.
Section 16. TERMINATION BY THE CITY
The City may terminate the Contract in accordance with the following terms and conditions:
16.01 Termination for Convenience. The City may, when in the interests of the City, terminate
performance under the Contract by the Contractor, in whole or in part, for the convenience of
the City. The City shall give written notice of such termination to the Contractor specifying when
termination becomes effective. The Contractor shall incur no further obligations in connection
with the work so terminated, other than warranties and guarantees for completed work and
installed equipment, and the Contractor shall stop work when such termination becomes
effective. The Contractor shall also terminate outstanding orders and subcontracts for the
affected work. The Contractor shall settle the liabilities and claims arising out of the termination
of subcontracts and orders. The City may direct the Contractor to assign the Contractor's right,
title and interest under termination orders or subcontracts to the City or its designee. The
Contractor shall transfer title and deliver to the City such completed or partially completed work
and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has
in its possession or control. When terminated for convenience, the Contractor shall be
compensated as follows:
(1) The Contractor shall submit a termination claim to the City specifying the amounts due
because of the termination for convenience together with costs, pricing or other data
required by the City. If the Contractor fails to file a termination claim within six months
from the effective date of termination, the City shall pay the Contractor, an amount
derived in accordance with subsection (3) below.
(2) The owner and the Contractor may agree to the compensation, if any, due to the
Contractor hereunder.
(3) Absent agreement to the amount due to the Contractor, the owner shall pay the
Contractor the following amounts:
(a) Contract costs for labor, materials, equipment and other services accepted under
the Contract;
(b) Reasonable costs incurred in preparing to perform and in performing the
terminated portion of the work, and in terminating the Contractor's performance,
plus a fair and reasonable allowance for direct job site overhead and earned
profit thereon (such profit shall not include anticipated profit or consequential
damages); provided however, that if it reasonably appears that the Contractor
51
would have not profited or would have sustained a loss if the entire Contract
would have been completed, no profit shall be allowed or included and the
amount of compensation shall be reduced to reflect the anticipated rate of loss, if
any;
(c) Reasonable costs of settling and paying claims arising out of the termination of
subcontracts or orders pursuant to Subsection (3)(a) above —if contingent
assignment of such contracts has not been elected as provided herein —shall not
include amounts paid in accordance with other provisions of the Contractor. This
clause is subject to and the Contractor shall be limited by the City's rights to
direct the replacement of subcontractors under Section 12.01.
The total sum to be paid the Contractor under this Subsection (3) shall not exceed the
total Contract Price, as properly adjusted, reduced by the amount of payments otherwise
made, and shall in no event include duplication of payment.
16.02 Termination for Cause. If the Contractor does not perform the work, or any part thereof, in a
timely manner, supply adequate labor, supervisory personnel or proper equipment or materials,
or if it fails to timely discharge its obligations for labor, equipment and materials, or proceeds to
disobey applicable law, or otherwise commits a violation of a material provision of the Contract,
then the City, in addition to any other rights it may have against the Contractor or others, may
terminate the performance of the Contractor, in whole or in part at the City's sole option, and
assume possession of the Project site and of all materials and equipment at the site and may
complete the work.
In such case, the Contractor shall not be paid further until the work is complete. After
Completion has been achieved, if any portion of the Contract Price, as it may be modified
hereunder, remains after the cost to the City of completing the work, including all costs and
expenses of every nature incurred, has been deducted by the City, such remainder shall belong
to the Contractor. Otherwise, the Contractor shall pay and make whole the City for such cost.
This obligation for payment shall survive the termination of the Contract.
In the event the employment of the Contractor is terminated by the City for cause pursuant to
this Section 16.02 and it is subsequently determined by a Court of competent jurisdiction that
such termination was without cause, such termination shall thereupon be deemed a Termination
for Convenience under Section 16.01 and the provisions of Section 16.01 shall apply.
16.03 Termination for Non -Appropriation. The City may also terminate the Contract, in whole or in
part, for non -appropriation of sufficient funds to complete or partially complete the Project,
regardless of the source of such funds, and such termination shall be on the terms of Section
16.01.
16.04 The City's rights under this Section shall be in addition to those contained elsewhere herein or
provided by law.
Section 17. INSURANCE
17.01 Contractor shall be responsible for all damage to person and or property resulting from its
negligent acts, reckless or intentional misconduct, errors or omissions or those of their
subcontractors, agents or employees in connection with such services and shall be responsible
for all parts of its work, both temporary and permanent.
52
17.02 Contractor shall, at its own expense, procure and maintain throughout the term of this Contract
Agreement, with insurers acceptable to City, the types and amounts of insurance conforming to
the minimum requirements set forth in this Contract Agreement. Contractor shall not commence
work until the required insurance is in force and evidence of insurance acceptable to City has
been provided to, and approved by, City. An appropriate Certificate of Insurance shall be
satisfactory evidence of insurance. Until such insurance is no longer required by the Contract,
Contractor shall provide City with renewal or replacement evidence of insurance at least 30
days prior to the expiration or termination of such insurance.
17.03 Workers' Compensation/Employer's Liability Insurance
Worker's Compensation Insurance in accordance with statutory requirements, and Employers'
Liability Insurance with limits of not less than $1,000,000 for each accident.
General Liability Insurance
Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000
for each occurrence and not less than $1,000,000 in the aggregate, and with property damage
limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the
aggregate.
Automobile Liability Insurance
Automobile Liability Insurance with bodily injury limits of not less than $1,00,000 for each person
and not less than $1,000,000 for each accident, and with property damage limits of not less than
$1,000,000 for each accident.
17.04 Contractor shall furnish insurance certificates or insurance policies at the City's request to
evidence such coverages. Except for workers compensation, the insurance policies shall name
the City as an additional insured, and shall contain a provision that such insurance shall not be
canceled or reduced with respect to by coverages or endorsements without 30 days' prior
written notice to OWNER and CONSULTANT. In such event, CONSULTANT shall, prior to the
effective date of the change or cancellation, serve substitute policies furnishing the same
coverage.
17.05 Compliance with these insurance requirements shall not limit the liability of Contractor. Any
remedy provided to the City by any insurance maintained by the Contractor shall be in addition
to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of
Contractor) available to the City under the Contract or otherwise.
17.06 Neither approval nor failure to disapprove insurance furnished by Contractor shall relieve
Contractor from responsibility to provide insurance as required by this Contract Agreement.
17.07 Contractor shall deliver to City the required certificate(s) of insurance and endorsement(s)
before City signs this Contract Agreement.
17.08 Contractor's failure to obtain, pay for, or maintain any required insurance shall constitute a
material breach upon which City may immediately terminate or suspend this Contract
Agreement. In the event of any termination or suspension, City may use the services of another
consultant or consultants, without City's incurring any liability to Contractor.
17.09 At its sole discretion, City may obtain or renew Contractor insurance, and City may pay all or
part of the premiums. Upon demand, Contractor shall repay CITY all monies paid to obtain or
53
renew the insurance. City may offset the cost of the premium against any monies due
Contractor from City.
17.10 The Contractor shall furnish to the City Certificates of Insurance allowing thirty (30) days notice
for any change, cancellation, or non -renewal. Such Certificates shall contain the following
wording:
"SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE
THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS
PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN."
If the insurance policies expire during the terms of the Contract, a renewal certificate or binder
shall be filed with the City at least 30 days prior to the renewal date.
17.11 In addition to the coverages required herein, the Contractor shall furnish and maintain all-risk
builder's risk property insurance, satisfactory to the City, upon the entire Work at the site to the
full replacement cost of the completed project. This coverage shall name City as an additional
insured, must include the interests of the Contractor, subcontractors and sub -subcontractors in
the Work, and must be procured from an insurer licensed to do business in the State of Texas
with a Best's rating of "A+, A, A-". The policy must insure against perils including, but not limited
to, earthquake, fire, extended coverages, windstorm, lightning, flood, and physical loss or
damage, including theft, vandalism and malicious mischief.
Section 18. PERFORMANCE AND PAYMENT BONDS; SURETY BONDS
18.01 Contractor shall provide City with a Performance Bond, a Payment Bond, and a Maintenance
Bond meeting the standards specified in the Contract Documents, on the forms provided by the
City, and attached hereto, with a Power of Attorney Affidavit, each in an amount not less than
the Contract price.
18.02 Sureties' qualifications. All bonds, to the extent required under the Contract, including, but not
by way of limitation, any Bid/Proposal Bond, Performance Bond, Payment bond, or Maintenance
Bond shall be written through a reputable and responsible surety bond agency licensed to do
business in the State of Texas and with a surety which holds a certificate of authority authorizing
it to write surety bonds in Texas and maintains a current certificate of authority as an acceptable
surety on Federal Bonds in accordance with U.S. Department of Treasury Circular 570.
However, if the amount of the bond exceeds the underwriting limitations set forth in the Circular,
in order to qualify, the net retention of the surety company shall not exceed the underwriting
limitation in the Circular and the excess risk must be protected by co-insurance, reinsurance, or
other methods in accordance with Treasury Circular 297, revised September 1, 1978 (3) CFR
Section 223.10 - Section 223.111 and the surety company shall provide the City with evidence
satisfactory to the City, that such excess risk has been protected in an acceptable manner.
18.03 Additional or replacement bond. It is further mutually agreed between the parties hereto that if,
at any time, the City shall deem the surety or sureties upon any bond to be unsatisfactory, or if,
for any reason, such bond (because of increases in the work or otherwise) ceases to be
adequate, the Contractor shall, at its expense within five days after the receipt of notice from the
City so to do, furnish an additional or replacement bond or bonds in such form, amount, and
with such surety or sureties as shall be satisfactory to the City. In such event, no further
payments to the Contractor shall be deemed to be due under the Contract until such new or
additional security for the faithful performance of the work shall be furnished in manner and form
satisfactory to the City.
54
18.04 As applicable to all bonds required under the Contract, the surety company shall have a Texas
agent whose name shall be listed in the prescribed space on the forms provided by the City for
all bonds required by the City, or otherwise listed therein if the form of the Bond is not
prescribed by the City.
Section 19. PROJECT RECORDS
All documents relating in any manner whatsoever to the Project, or any designated portion thereof,
which are in the possession of the Contractor, or any subcontractor of the Contractor, shall be made
available to the City and/or its consultants for inspection and copying upon written request by the City.
Furthermore, said documents shall be made available, upon request by the City, to any state, federal or
other regulatory authority and any such authority may review, inspect and copy such records. Said
records include, but are not limited to, all drawings, plans, specifications, submittals, correspondence,
minutes, memoranda, tape recordings, videos, or other writings or things which document the Project,
its design, and its construction. Said records expressly include those documents reflecting the cost of
construction to the Contractor. The Contractor shall maintain and protect these documents for not less
than three years after completion of the Project, or for any longer period of time as may be required by
law or good construction practice. The Contractor further agrees to include these provisions in any
subcontracts issued by him in connection with this Contract Agreement.
Section 20. APPLICABLE LAW
The laws of the State of Texas shall govern this Contract Agreement. In any litigation arising under this
Contract Agreement, the parties agree to a waiver of the right to a trial before a jury, and all such
litigation shall be litigated only in a non -jury hearing in Collin County, Texas.
55
Section 21. SUCCESSORS AND ASSIGNS
Each party binds itself, its successors, assigns, executors, administrators or other representatives to
the other party hereto and to successors, assigns, executors, administrators or other representatives of
such other party in connection with all terms and conditions of the Contract. The Contractor shall not
assign the Contract without prior written consent of the City.
Section 22. MISCELLANEOUS PROVISIONS
22.01 Construction Permits. The City hereby agrees to waive the charge for aCity-issued bung
permit for this Project. However, the Contractor is responsible for obtaining all permits or fees
otherwise required of the Contractor by the Contract Documents, or permits and fees
customarily the responsibility of the Contractor.
22.02 Compliance By Contractor: Nondiscrimination. Contractor shall comply with all Federal, State
and local laws, ordinances, rules and regulations of any authorities throughout the duration of
the Contract. The Contractor shall be responsible for compliance with any such law, ordinance,
rule or regulation and shall hold City harmless and indemnify same in the event of non-
compliance. Contractor further agrees to abide by the requirements under Federal Executive
Order Number 11246, as amended, including specifically the provisions of the equal opportunity
clause.
22.03 State and Local Taxes. Except as otherwise provided, contract prices shall include all applicable
state and local taxes. Contractor shall indemnify and hold harmless the City for any loss, cost or
expense incurred by, levied upon or billed to the City as a result of Contractor's failure to pay
any tax of any type due in connection with this Contract Agreement. Contractor shall ensure that
the above sections are included in all subcontracts and sub -subcontracts, and shall ensure
withholding on out of state sub and sub -subcontractors to which withholding is applicable.
22.04 Any and all notices required to be sent under the Contract or otherwise shall be sent to the
following:
If to the City:
City of Anna
Attn: City Manager
111 North Powell Parkway
P.O. Box 776
Anna, Texas 79406
If to the Contractor:
Section 23. ENTIRE AGREEMENT
Aside from duly authorized Change Orders, any modification to this Contract Agreement must be
supported by an additional, articulated consideration, and must either be in writing, executed by the
parties hereto, or, if made orally, should be confirmed in writing, which writing should state the
consideration which supports the modification. Failure to confirm an oral modification in writing shall
constitute a waiver of any claim for additional compensation with regard to the oral modification.
Nothing in this Section shall be construed to limit the City's authority to issue changes set forth in
Section 14 herein.
Section 24. SEVERABILITY
If any term or condition of the Contract or the application thereof to any persons) or circumstances is
held invalid, this invalidity shall not affect other terms, conditions or applications which can be given
effect without the invalid term, condition, or application. To this end, the terms and conditions of the
Contract are agreed to be severable.
Section 25. WAIVER
Waiver of any breach of any term or condition of this contract shall not be deemed a waiver of any prior
or subsequent breach, and shall not entitle any party hereto to any subsequent waiver of any terms
hereunder. No term or condition of this contract shall be held to be waived, modified or deleted except
by an instrument, in writing, signed by the parties hereto.
IN WITNESS WHEREOF, the Parties have executed this Contract Agreement under
their respective seals on the day and year first written above.
CITY OF ANNA, TEXAS
Philip Sanders, City Manager
ATTEST:
Natha Wilkison, City Secretary
(SEAL)
(Contractor)
BY:
(name and title of authorized 'representative)
ATTEST:
SECRETARY
(SEAL)
57
U P •
KNOW ALL MEN BY THESE PRESENTS, that
(hereinafter called the Principal(s)), as Principal(s), and
(hereinafter called the Surety(s)),
as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the
Obligee), in the amount of: Dollars ($ )
an amount equal to five percent of the Total Bid Price, including Cash Allowances and
Alternate Bids, if any) lawful money of the United States for the payment whereof, the said
Principal and Surety bind themselves, and their heirs, administrators, executors, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted on or about this day a proposal offering to
perform the following project:
FM 455 Utility Relocations -This project consists of the lowering and/or relocation of 6,500 ft of
existing water lines and approximately 1,800 ft of existing sanitary sewer lines to avoid
conflicts with the proposed paving and storm sewer facilities in response to the widening of FM
455 through the City of Anna.
NOW, THEREFORE, if the said Principal's bid as stated in its proposal is accepted by
the City, and said Principal executes and returns to the City the number of original
counterparts of the Contract Agreement required by the City, on the forms prepared by the
City, for the work described herein and also executes and returns the same number of the
Performance, Payment and Maintenance Bonds (such bonds to be executed by a Corporate
Surety authorized by the State Board of Insurance to conduct insurance business in the State
of Texas, and having an underwriting limitation in at least the amount of the bond) in
connection with the work described herein, within the time specified, then this obligation shall
become null and void; otherwise it is to remain in full force and effect.
In the event that the Principal is unable to or fails to perform the obligations undertaken
hereinI the undersigned Principal and Surety shall be liable to the City for the full amount of
this obligation which is hereby acknowledged as the amount of damages which will be suffered
by the City on account of the failure of such Principal to perform such obligations, the actual
amount of such damages being difficult to ascertain.
Notices required or permitted hereunder shall be in writing and shall be deemed
delivered when actually received or, if earlier, on the third day following deposit in a United
States Postal Service post office or receptacle, with proper postage affixed (certified mail,
return receipt requested), addressed to the respective other party at the address prescribed in
the Contract Documents, or at such other address as the receiving party may hereafter
prescribe by written notice to the sending party.
m
this instrument this
Surety
*By:
(Title)
PRINT NAME:
ADDRESS:
PHONE/FAX:
IN WITNESS WHEREOF, the said Principals) and Surety(s) have signed and sealed
day of , 20
Principal
By:
(Title)
By:
(Title)
By:
(Title)
The undersigned surety company represents that it is duly qualified to do business in
Texas and is listed on the U.S. Department of the Treasury list of approved sureties, and
hereby designates , an agent resident in
County, Texas, to whom any requisite notices may be delivered and on whom service of
process may be had in matters arising out of such suretyship.
Surety
By:
PRINT NAME:
ADDRESS:
PHONE/FAX:
59
•' •
KNOW ALL MEN BY THESE PRESENTS, that _
(hereinafter called the
PrincipalVIP) as Principal(s), and
(hereinafter called the Surety(s)),
as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the
Obligee), in the amount of:
lawful money of the United States for the payment whereof, the said
themselves, and their heirs, administrators, executors, successors
severally, firmly by these presents.
WHEREAS, the Principal has entered into a
Obligee, dated the day of
project:
_ Dollars ($ )
Principal and Surety bind
and assigns, jointly and
certain written Contract Agreement with the
for the following
FM 455 Utility Relocations -This project consists of the lowering and/or relocation of 6,500 ft of
existing water lines and approximately 1,800 ft of existing sanitary sewer lines to avoid
conflicts with the proposed paving and storm sewer facilities in response to the widening of FM
455 through the City of Anna,
and said Principal under the law is required before commencing the work provided for in said
Contract Agreement to execute a bond in the amount of said Contract Agreement, which
Contract Agreement is hereby referred to and made a part hereof as fully and to the same
extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall faithfully perform the work in accordance with the plans, specifications and
contract documents, then this obligation shall be void; otherwise to remain in full force and
effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
Chapter 2253 of the Texas Government Code (Article 5472d for Private Work)4 of the Revised
Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in
accordance with the provisions of said Article to the same extent as if it were copied at length
herein.
Surety, for value received, stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract Agreement, or to the work performed
thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway
affect its obligation on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract Agreement, or to the work
to be performed thereunder.
a Not applicable for federal work. See "The Miller Act," 40 U.S.C. S270.
IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed
this instrument this day of , 20
*By:
(Title)
PRINT NAME:
ADDRESS:
PHONE/FAX:
Principal
By:
(Title)
By:
(Title)
By:
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas
and is listed on the U.S. Department of the Treasury list of approved sureties, and
hereby designates , an agent resident in
County, Texas, to whom any requisite notices may be delivered and on whom service of
process may be had in matters arising out of such suretyship.
Surety
By:
PRINT NAME:
ADDRESS:
PHONE/FAX:
61
KNOW ALL MEN BY THESE PRESENTS, that
(hereinafter called the Principal(s)) as Principal(s), and
(hereinafter called the Surety(s)), as
Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the Obligee),
in the amount of: Dollars ($ )
lawful money of the United States for the payment whereof, the said Principal and Surety bind
themselves, and their heirs, administrators, executors, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written Contract Agreement with
the Obligee, dated the day of , for the:
FM 455 Utility Relocations -This project consists of the lowering and/or relocation of 6,500 ft of
existing water lines and approximately 1,800 ft of existing sanitary sewer lines to avoid
conflicts with the proposed paving and storm sewer facilities in response to the widening of FM
455 through the City of Anna.
and said Principal under the law is required before commencing work provided for in said
Contract Agreement to execute a bond in the amount of said Contract Agreement, which
Contract Agreement is hereby referred to and made a part hereof as fully and to the same
extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall pay all claimants supplying labor and material to him or a subcontractor in
the prosecution of the work provided for in said Contract Agreement, then this obligation shall
be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall
be determined in accordance with the provisions of said Article to the same extent as if it were
copied at length herein.
Surety, for value received, stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract Agreement, or to the work performed
thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway
affect its obligation on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract Agreement, or to the work
to be performed thereunder.
IN WITNESS
this instrument this
Surety
By:
(Title)
PRINT NAME:
ADDRESS:
PHONE/FAX:
WHEREOF, the
day of
said Principals) and Surety(s) have signed and sealed
,20 .
Principal
By:
(Title)
By:
(Title)
By:
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas
and is listed on the U.S. Department of the Treasury list of approved sureties, and
hereby designates , an agent resident in
County, Texas, to whom any requisite notices may be delivered and on whom service of
process may be had in matters arising out of such suretyship.
Surety
By:
PRINT NAME:
ADDRESS:
PHONE/FAX:
63
KNOW ALL MEN BY THESE PRESENTS:
THAT as PRINCIPAL, and a
CORPORATION organized under the laws of as SURETIES, do
hereby expressly acknowledge themselves to be held and bound to pay unto the City of Anna,
a municipal corporation at Anna, Collin County, Texas the sum of:
Dollars ($ ) for the payment
which sum well and truly to be made until said City of Anna and its successors, said
PRINCIPAL AND SURETIES do hereby bind themselves, their assigns and successors jointly
and severally.
THIS obligation is conditioned, however, that whereas said
, the Contractor, did on , 20 enter into a
written Contract Agreement with the said City of Anna to build and construct:
FM 455 Utility Relocations -This project consists of the lowering and/or relocation of 6,500 ft of
existing water lines and approximately 1,800 ft of existing sanitary sewer lines to avoid
conflicts with the proposed paving and storm sewer facilities in response to the widening of FM
455 through the City of Anna.
in the City of Anna, Texas which Contract Agreement and the Plans and Specifications therein
mentioned adopted by the City of Anna, are hereby expressly made a part hereof as though
the same were written and embodied herein.
WHEREAS, under the Plans and Specifications, and Contract Agreement, it is provided
thCA t the CONTRACTOR will maintain and keep in good repair the work herein contracted to be
done and performed for a period of two (2) years from the date of acceptance; it being
understood that the purpose of this section is to cover all defective material, work or labor
performed by said CONTRACTOR, its employees, sub -contractors, materialmen and assigns.
NOW THEREFORE, if the said CONTRACTOR shall keep and perform its said
agreement to maintain said work and keep the same in repair for the said maintenance period
of two (2) years, as provided, then these presents shall be null and void, and have no further
effect, but if default shall be made by the said CONTRACTOR in the performance of its
Contract Agreement to so maintain and repair said work, then these presents shall have full
force and effect, and said CITY OF ANNA shall have and recover from said SURETY,
damages in the premises, as provided, and it is further agreed that this obligation shall be a
continuing one against the SURETY, hereon, and that successive recoveries may be had
thereon for successive breaches until the full amount shall have been exhausted; and it is
further understood that the obligation herein to maintain said work shall continue throughout
said maintenance period, and the same shall not be changed, diminished, or in any manner
affected from any cause during said time.
IN WITNESS WHEREOF, the said _
(Contractor) has caused these presents to be
(Surety Co.) executed by
said ATTORNEY -IN -FACT
the day of
SURETY:
(Company)
By:
Print Name:
Title:
Address:
Phone/Fax:
its ATTORNEYdWFACT
20
PRINCIPAL:
(Company)
By:
Print Name:
Title:
Address:
Phone/Fax:
and
has hereunto set his hand
he
this
t
65
CERTIFICATE OF INSURANCE
«�
TO: CITY OF ANNA
ANNA, TEXAS
THIS IS TO CERTIFY THAT
CERTIFICATE OF INSURANCE
DATE:
PROJECT:
(Name and Address of Insured)
isI at the date of this certificate, insured
operations hereinafter described, for the
provisions of the standard policies used by
Exceptions to standard policy noted hereon.
TYPE OF INSURANCE
by this Company with respect to the business
types of insurance and in accordance with the
this Company, and further hereinafter described.
Policy No.
Effective
Expires
Limits of Liability
Per Person $
Workmen's
Per Occur. $
Compensation
Property Damage $
Per Person $
Per Occur. $
Public Liability
Property Dam a e $
Per Person $
Per Occur. $
Contingent Liability
Property Damage $
Per Person $
Per Occur. $
Property Damage
Property Damage $
Per Person $
Per Occur. $
Builder's Risk
Property Damage $
Per Person $
Per Occur. $
Automobile
Property Damage $
Per Person $
Per Occur. $
Other
Property Damage $
The foregoing Policies (do) (do not) cover all sub -contractors.
Locations Covered:
Description of Operations Covered:
Additional Insured: City of Anna, Texas
The above policies, either in the body thereof or by appropriate endorsement, provide that they
may not be changed or canceled by the insurer in less than the legal time required after the
67
insured has received written notice of such change or cancellation, or in case there is no legal
requirement, in less than sixty (60) days in advance of cancellation or change.
FIVE COPIES OF THIS CERTIFICATE
MUST BE SENT TO THE OWNER (Name of Insurer)
By:
Title: _
Address:
Phone/Fax:
NOTICE TO PROCEED
Project: FM 455 Utility Relocations —City of Anna, TX
Issued To:
Date Issued:
You are hereby notified to commence work in accordance with the Agreement dated the
day of 20 on or
before
20
thereafter.
the day of
and complete all of the work within
consecutive calendar days
The date of completion for all work shall therefore be the
, 20
Issued by: City of Anna, Texas (Owner)
By:
Philip Sanders
City Manager
ACCEPTANCE OF NOTICE:
Receipt of the above notice to proceed
20
By:
Contractor
is hereby
this
acknowledged
day
m
CHANGE ORDER
Date of Issuance:
Effective Date:
Owner: City of Anna, TX
Project: FM 455 Utility Relocations
Contract changes are approved as follows:
Description of changes:
Reason for Change Order:
Attachments:
CONTRACT PRICING
Original Contract Amount including Add/Alternates:
$
Net Increase from Previous Change Orders:
$
Contract Price Prior to this Change Order:
$
Net Increase/Decrease of this Change Order:
$
Contract Price with All Approved Change Orders:
$
City of Anna, TX
By: Philip Sanders, City Manager
Date:
Please sign both copies; return one copy to
c/o [Insert name of project manager]
PO Box 776
Anna, TX 7540M776
[Insert Name of Contractor]
By: [Insert name of signator]
Date:
City of Anna, TX
ri��
SUPPLEMENTARY GENERAL PROVISIONS AND TECHNICAL
SPECIFICATIONS
Section 1. SUPPLEMENTARY GENERAL PROVISIONS
1.01 PURPOSE OF SUPPLEMENTARY GENERAL PROVISIONS: This project shall be
constructed in accordance with the current City of Anna Standard Specifications ("Standard
Specifications"), which include the Public Works Construction Standards (North Central
Texas Council of Governments), latest edition, and which for the purposes of this Contract
Agreement also include the these Supplementary General Provisions; provided that where
any discrepancies occur between the Supplementary General Provisions and the Standard
Specifications, the Supplementary General Provisions shall govern. The Supplementary
General Provisions are included herein for the purpose of adapting the Standard
Specifications to the project which is the subject of the Contract Agreement and of adding
thereto such further provisions as may be necessary to state the agreement in its entirety.
1.02 SCOPE OF WORK:
A. Work is to be done in accordance with City of Anna Standard Specifications.
B. The work done under the contract documents shall consist of the following:
FM 455 Utility Relocations -This project consists of the lowering and/or relocation of
61500 ft of existing water lines and approximately 1,800 ft of existing sanitary sewer
lines to avoid conflicts with the proposed paving and storm sewer facilities in response
to the widening of FM 455 through the City of Anna.
C. The intent of the contract documents, including the Standard Specifications, General
Provisions, Technical Provisions, and other instruments, documents, drawings, maps,
etc., comprising the Plans and Specifications, is to describe a completed work to be
performed by the Contractor under the Contract Agreement as an independent
Contractor.
D. The contractor shall furnish all labor, superintendence, machinery, equipment and all
materials necessary to complete this project in accordance with contract documents.
E. The Contractor will maintain at all times on the job site, a superintendent authorized to
receive and fulfill instructions from the engineer.
F. The Contractor further agrees that no part of the Contract Agreement shall be assigned
without prior written approval from City.
G. The Contractor hereby further agrees to pay to Owner as liquidated damages the sum
specified herein, and quoted below, for each calendar day in excess of the time set forth
in the contract documents for completion of this project. Contractor shall anticipate the
following number of calendar days for precipitation type weather related delays. 7 days
for January; 7 days for February; 7 days for March; 8 days for April; 9 days for May; 7
days for June; 5 days for July; 5 days for August; 7 days for September; 6 days for
October; 6 days for November; and 6 days for December. These days shall be
anticipated and be included as part of the progress schedule.
LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME: The time
of completion is of the essence for this project. For each day that any work
shall remain uncompleted after the time specified in the proposal and the
71
Contract Agreement, or the increased time granted by the OWNER, or as
equitably increased by additional work or materials ordered after the
Contract Agreement is signed, the sum per day given in the following
schedule, unless otherwise specified in the special provisions, shall be
deducted from the monies due the CONTRACTOR:
AMOUNT OF CONTRACT AMOUNT OF LIQUIDATED DAMAGES
Less than $25,000.00 $100.00 Per Day
$25,000 to $99,999.99 $160.00 Per Day
$100,000 to $999,999.00 $240.00 Per Day
More than $1,000,000.00 $500.00 Per Day
The sum of money thus deducted for such delay, failure for noncompletion
is not to be considered as a penalty, but shall be deemed, taken and treated
as reasonable liquidated damages, per day that the CONTRACTOR shall be
in default after the time stipulated in the Contract Agreement for
completing the work. The said amounts are fixed and agreed upon by and
between OWNER and CONTRACTOR because of the impracticability and
extreme difficulty of fixing and ascertaining the actual damages which the
OWNER would sustain and which shall be retained from the monies due, or
that may become due, the CONTRACTOR under this Contract Agreement;
and if said monies be insufficient to cover the amount owing, then the
CONTRACTOR or its surety shall pay any additional amounts due.
In the event that the actual damages incurred by the OWNER exceed the
amount of liquidated damages, OWNER shall be entitled to recover its
actual damages.
1.03 CONTRACTOR SURETY BONDS: With the execution and delivery of the Contract
Agreement, the CONTRACTOR shall furnish and file with the OWNER in the amounts herein
required, the surety bonds specified hereunder. Without exception, the OWNER'S bond
forms, copies of which are amongst the Contract Documents and incorporated into the
Contract Agreement, must be used, and exclusive venue for any lawsuit in connection with
such bonds shall be in Collin County. Such surety bonds shall be in accordance with the
provisions of Texas Government Code, Chapter 2253, as amended, and Art. 7.19-1 of the
Insurance Code, as amended. These bonds shall automatically be increased by the amount
of any change order or supplemental agreement which increases the Contract Agreement
price with or without notice to the surety, but in no event shall a change which reduces the
Contract Agreement amount reduce the penal amount of such bonds. If the surety on any
Bond furnished by the CONTRACTOR is declared bankrupt or becomes insolvent or its right
to do business is terminated or ceases to meet the requirement as set forth above,
CONTRACTOR shall within 20 days thereafter substitute another Bond or surety which
complies with the requirement hereto.
72
A. PERFORMANCE BOND: A good and sufficient bond in an amount not less than 100-
percent of the approximate total amount of the Contract Agreement, as evidenced by
the proposal tabulation, or, conditioned on the faithful performance of the work in
accordance with the plans, specifications and Contract documents, including
performance of any guarantees or warranties required by OWNER, and including any
extensions thereof, for the protection of the OWNER. This bond shall also provide for
the repair and/or replacement of all defects due to faulty materials and workmanship
that appear or become known within a period of one year from the date of completion
and acceptance of the improvement by the Owner or such lesser or greater period as
may be designated in the Contract Documents.
B. PAYMENT BOND: A good and sufficient bond in an amount not less than 100-percent
of the approximate total amount of the Contract Agreement, as evidenced by the
proposed tabulation, or otherwise solely for the protection and use of payment bond
beneficiaries who have a direct contractual relationship with the prime CONTRACTOR
or a subcontractor to supply public work or material.
C. MAINTENANCE BOND: A maintenance bond in the amount of 100% of the total bid
price shall be executed by the contractor as principal and by a corporate surety
acceptable to the owner. Said bond shall secure maintenance by the contractor on the
project made the subject of the Contract Agreement for two (2) years from the date of
acceptance of work by the owner.
D. SURETIES: No sureties shall be accepted by the OWNER who are now in default or
delinquent on any bonds or who are interested in any litigation against the OWNER. All
bonds shall be made on forms furnished by the OWNER, and shall be executed by not
less than one corporate surety authorized to do business in the State of Texas and
acceptable to the OWNER. Each bond shall be executed by the CONTRACTOR and
surety. Each surety shall designate on the bond the name, address and phone number
of a representative for the surety located in a county of the State of Texas acceptable to
the OWNER to whom any requisite notices may be delivered and on whom service of
process may be had in matters arising out of such suretyship. The OWNER reserves
the right to reject and all sureties.
E. Additional or Substitute Bonds. If at any time the OWNER is or becomes reasonably
dissatisfied with any surety of a performance or payment bond, the CONTRACTOR
shall, within five days after notice from the OWNER to do so, substitute an acceptable
bond (or bonds), or provide any additional bond, and such form and sum and signed by
such other surety or sureties as may be reasonably satisfactory to the OWNER. The
premiums on such bond shall be paid by the CONTRACTOR without recourse to the
OWNER. No further payments under the Contract Agreement shall be deemed due or
payable until the substitute or additional bonds have been furnished to and accepted by
the OWNER.
1.04 LIMITATION OF LIABILITY, INDEMNIFICATION AND INSURANCE:
A. LIMITATION OF LIABILITY: The CONTRACTOR affirmatively represents that he is
skilled and experienced in the use and interpretation of drawings and specifications
73
such as those included in the Bid Documents of this Contract Agreement. Further, he
also affirmatively represents that he has carefully reviewed the drawings and
specifications of this Contract Agreement and that he has based his Bid solely on these
documents, not relying in any way on any explanation or interpretation —oral or
written —from any other source. Unless the CONTRACTOR shall give written notice to
the design professional of any ambiguities contained in the drawings or specifications
prior to the submission of his bid, the CONTRACTOR agrees that he shall be
conclusively presumed that the CONTRACTOR has exercised his aforementioned skill
and experience and found the drawings and specifications sufficient and free from
ambiguities, errors, or omissions for the purpose of determining his Contract Bid Price
for the performance of the work in conformity with the drawings and specifications.
Submission of a Bid without prior written notice to the OWNER'S Agent or any claimed
ambiguities, errors or omissions shall constitute a waiver of any and all bid -price -related
claims by the CONTRACTOR that are based upon any alleged ambiguities, errors,
omissions or the like in the drawings or specifications.
B. INDEMNIFICATION: The CONTRACTOR agrees to indemnify, defend and save
harmless the OWNER and the Engineer, their consultants, agents and employees
from and against all loss or expense (including costs and attorney fees) by
reason of liability imposed by law upon the OWNER, Engineer, consultants,
agents and employees for damages including bodily iniurv, including death and
property damage, including loss of use, sustained by any person or persons,
arising out of or in consequence of the performance of this work, whether such
iniuries to person or damage to property is due or claimed to be due to the
negliqence of the CONTRACTOR, his sub -contractors, the OWNER, the Engineer,
their consultants, agents and employees, except only such iniury or damage as
shall have been occasioned by the sole negliqence of the OWNER, Engineer,
Consultant, and/or other Agents.
C. INSURANCE: The CONTRACTOR shall comply with each and every condition
contained herein. The CONTRACTOR shall provide and maintain, at his sole cost and
expense, until the work covered in the Contract Agreement is completed and accepted
by the City of Anna, the minimum insurance coverage as follows:
1. Commercial general liability insurance at minimum combined single limits of
$1,000,000 per -occurrence per -project and $2,000,000 general aggregate project for for bodily injury and property damage, which coverage shall include
products/completed operations ($17000,000 products/completed operations
aggregate), and XCU hazards. Coverage for products/completed operations must
be maintained for at least two (2) years after the construction work is completed.
Coverage must be maintained to cover the contractor's obligations outlined in the
Contract Agreement.
2. Definitions:
a) Certificate of coverage ("certificate"): A copy of a certificate of insurance, a
certificate of authority to self- insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory
74
workers' compensation insurance coverage for the persons or entity's employees
providing services on a project, for the duration of the project.
b) Duration of the project: Includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096)0
Includes all persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees. This
includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries and delivery of portable toilets.
c) The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the contractor providing services on the project, for the duration of the project.
d) The contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the Contract Agreement.
e) If the coverage period shown on the contractor's current certificate of coverage
ends during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
f) The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and,
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
g) The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
h) The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, or
any change that materially affects the provision of coverage of any person providing
services on the project.
75
i) The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, information all
persons providing services on the project that they are required to be offered, and
stating how a person may verify coverage and report lack of coverage.
j) The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project:
(4) obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project; and,
b. a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and,
(7) contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
k) By signing the Contract Agreement or providing or causing to be provided a
certificate of coverage, the contractor is representing to the governmental entity that
all employees of the contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project, that the
coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self -insured, with the commission's Division of
Self -Insurance Regulation. Providing false or misleading information may subject
the contractor to administrative penalties, criminal penalties, civil penalties, or
other civil actions.
I) The contractor's failure to comply with any of these provisions is a breach of
Contract Agreement by the contractor which entities the governmental entity to
76
declare the Contract Agreement void if the contractor does not remedy the breach
within ten days after receipt of notice of breach from the governmental entity.
3. Comprehensive Automobile and Truck Liability Insurance, covering owned, hired
and non -owned vehicles, with a combined bodily injury and property damage
minimum limit of $1,000,000.00 per occurrence; or separate limits of $500,000.00 for
bodily injury (per person); $500,000.00 for bodily injury (per accident) and
$100,000.00 for property damage. Such insurance shall include coverage for
loading and unloading hazards.
4. Payment and performance bonds in the amount of the contract price and on the form
as provided in the contract documents.
PLEASE Nninininininin
OTE: The required limits may be satisfied by any combination of primary,
excess, or umbrella liability insurances, provided the primary policy complies with the
above requirements and the excess umbrella is following form. The contractor may
maintain reasonable and customary deductibles, subject to approval by the City of
Anna.
A comprehensive general liability insurance form may be used in lieu of a commercial
general liability insurance form. In this event, coverage must be written on an
occurrence basis, at limits of $1,000,000 per -occurrence, combined single limit, and
coverage must include a broad form comprehensive general liability endorsement,
coverage for products/completed operations, no restrictions on XCU hazards, and
broad form contractual liability covering the obligations included in the Contract
Agreement.
With reference to the foregoing insurance requirement, Contractor shall specifically
endorse applicable insurance policies as follows:
a. The City of Anna shall be named as an additional insured with respect to general
liability and automobile liability.
b. All liability policies shall contain cross liability and severability of interest
clauses.
c. A waiver of subrogation in favor of the City of Anna shall be contained in the
workers' compensation insurance policy.
d. All insurance policies shall be endorsed to require the insurer to immediately
notify the City of Anna of any material change in the insurance coverage.
e. All insurance policies shall be endorsed to the effect that the City of Anna will
receive at least sixty (60) days notice prior to cancellation of termination of the
insurance.
All insurance shall be purchased from an insurance company that meets the following
requirements:
a. A financial rating of A+ or better as assigned by the BEST Rating Company in the most
current edition of its manual.
b. Licensed and admitted to do business in the State of Texas.
All insurance must be written on forms filed with
Insurance. Certificates of Insurance shall be
company or its authorized agent and shall contain
following:
and approved by the Texas State Board of
prepared and executed by the insurance
provisions representing and warranting the
a. The company is licensed and admitted to do business in the State %J Texas.
b. The insurances set forth by the insurance company are underwritten on forms which
have been approved by the Texas State Board of Insurance.
c. Sets forth all endorsements and insurance coverages according to requirements and
instructions contained herein.
d. Shall specifically set forth the notice of cancellation or termination provisions to the City
of Anna.
Upon request, contractor shall furnish the City of Anna with certified copies of all insurance
policies.
1.05 ADDENDUM: The owner reserves the right to issue an addendum prior to accepting
bids for the work. Such addendum(s) shall be, and are hereby made a part of these
specifications. Upon receipt of the addendum(s), the Contractor shall acknowledge their
receipt by listing the addendum(s) and signing in the appropriate spaces in the Proposal.
1.06 CONSTRUCTION WATER: Construction water necessary for the normal construction
of this project will not be provided free to the Contractor. All construction water will be
metered by City owned meters or meter(s) owned by the Contractor. A deposit of two
hundred fifty dollars ($250.00) is required for a 2'/2 inch City owned construction meter. The
deposit(s) shall be paid at the Utility Office, located at 101 North Powell Parkway, Anna,
Texas 75409, prior to the use of meter. City owned meter(s) will be installed by the City
Utility Department, after the deposit has been made. The meter(s) will be read and billed
each month in accordance with the current Customer Services Policy. Any damage that
occurs to a City meter during use will be repaired by the City at the expense of the
Contractor. The cost of the repairs will be deducted from the deposit and the remaining
deposit returned to the Contractor. This procedure will be followed wherever construction
water is needed. No exceptions to the rule will be sanctioned. If the meter is set on a fire
hydrant, a valve shall be provided so that the flow of the water is not controlled by the
operating nut on the fire hydrant. Where water is necessary only to settle dust on the street,
at the request of the property owners, the Project Engineer or Project Inspector will notify the
Contractor. The necessary application of water for dust shall be considered subsidiary to the
other bid items listed in the Proposal and Bid Form of the Contract Agreement.
1.07 DETOURS AND BARRICADES: The Contractor shall, before closing any street or
causing any obstruction to traffic on any street, furnish and erect suitable barricades and
warning signs to protect the traveling public.
The barricades and warning signs will be constructed, placed, and adequately maintained as
directed by the Project Engineer. All barricades and warning signs shall conform to and be
set in accordance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD)
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1.08 TRENCH SAFETY: On all trenching in excess of five feet below existing grade, the
Contractor shall comply with the standards promulgated by the Occupational Safety and
Health Administration (OSHA), of the United States Government, regulating excavations,
trenching and shoring. Contractors shall refer to and abide by all OSHA regulations
published in 29 CFR 1926, et seq., July 1989 edition, and any revisions thereto published in
the Federal Register which may become effective during the period of construction.
The contractor's attention is directed to the separate Bid Item for trench safety systems,
based on the linear feet of trench excavated, under which full payment will be made for
trench safety systems, including any additional excavation and back fill required; sheeting,
and bracing; for dewatering or diversion of water; for all jacking and jack removal; and for all
other labor, materials, tools, equipment, acquisition of soils information and design of trench
safety systems, and incidentals necessary to complete the work. Changes made in the
trench safety system after the initiation of construction will not be cause for extension of time,
claims for delay or approval of change orders.
It is the sole duty, responsibility and prerogative of the Contractor, not the Owner or
Engineer, to perform all trenching in a safe manner and in accordance with OSHA
regulations. Any apparent unsafe trenching conditions observed by Owner, Engineer, or
their representatives on the site, shall be reported to OSHA as well as to Contractor's job
superintendent. Work stoppages or corrective actions required of contractor by OSHA shall
not be cause for extension of time, claims for delay or approval of change orders.
The Contractor shall indemnify and hold harmless the City, its employees and agents, from
any and all damages, costs (including, without limitation, legal fees, court costs, and the cost
A investigation), judgments or claims by anyone for injury or death of persons resulting from
the collapse or failure of trenches constructed under the Contract Agreement. The
Contractor acknowledges and agrees that this indemnity provision provides indemnity for the
City in case the City is negligent either by act or omission in providing for trench safety,
including, but not limited to inspections, failure to issue stop work orders and the hiring of the
Contractor. The trench safety plan is to be prepared by a licensed engineer and submitted
as part of the submittal package.
1.09 PRICE FOR MATERIALS AND STATE SALES TAX: After award of the Contract
Agreement, the City of Anna will, on written request of the Contractor, furnish the Contractor
with a certificate of exemption from Texas Limited Sales, Excise, and Use Tax in an amount
not exceeding the above mentioned bid price for materials and other tangible personal
property as stated in the request form. Such written request must contain a statement to the
effect that such materials or property have been or will be utilized in the performance of the
Contract Agreement to the full extent of the amount for which a certificate of exemption is
requested.
1.10 ACCESS TO PRIVATE PROPERTIES: The Contractor will put all private drives in an
accessible condition to allow residents ingress and egress before leaving the job site for an
extended period of time except during the pouring and curing of drive approaches.
'Extended period of time" is defined as overnight, weekends, holidays, or periods of
inclement weather. The Contractor will leave with the PROJECT ENGINEER the phone
numbers of responsible persons available twenty-four (24) hours a day to handle
emergencies concerning egress and ingress. If a vehicle becomes stranded due to an
inaccessible condition, any legitimate claims arising from such conditions shall be the sole
responsibility of the Contractor. If such claims are not settled prior to the monthly pay
estimate, they shall be deducted from that estimate.
1.11 USE OF PRIVATE PROPERTY: The Contractor shall not at any time use private
property to park or turn around construction vehicles or store equipment and/or materials
without the written permission of the property owner involved. The Contractor shall not at
any time use water metered by meters set for the property owners use without written
permission of the property owner.
1.12 PROTECTION OF ADJOINING PROPERTY: The Contractor shall be responsible for
the protection of all fences, trees, and other improvements on the property adjoining the
construction sites from damage by the Contractor's equipment and men.
1.13 PROTECTION OF EXISTING UTILITIES: The Contractor shall make every effort to
protect existing utilities. Telephone, gas, and electric lines occur within the construction limits
of this project and should be avoided during construction.
1.14 CLEANUP: It is the intent of the Contract Agreement to ensure that an adequate
cleanup job be performed by the Contractor as soon during the construction procedure as
possible. Before the project is accepted by the City, all rocks, stones, and other construction
debris shall be removed to the satisfaction of the Engineer. All necessary cleanup work shall
be considered subsidiary to the various bid items on the Contract Agreement.
1.15 GOVERNING DOCUMENTS: The work shall conform to the requirements of these
specifications and the details as shown on the drawings. These contract documents are
intended to be complementary. Requirements of any of the contract documents are as
binding as if called for by all. In the event of conflict between the Contract Agreement and
any other contract documents, the Contract Agreement shall govern. In the event of conflict
between the drawings and the specifications, the project engineer's interpretation of the
drawings shall have priority. In case of conflict between the referenced specifications and the
project specifications, the project specifications shall govern.
1.16 SCHEDULE: The Contractor shall provide the project engineer with a schedule of the
proposed work upon request.
1.17 MONTHLY ESTIMATE: Monthly estimates shall be processed as specified by the North
Central Texas Council of Governments Standard Specifications for PUBLIC Works
Construction, Item 109.5.
1.18 SAFETY: Safety precaution shall be used at all times during progress of the work. As
appropriate, workman shall be furnished with hard hats, safety shoes, protective gloves, and
any other safety apparel that the Contractor determines will reduce the possibility of
accidents.
The Contractor shall be solely responsible for ensuring the safety of its crew(s), employees
and subcontractors, along with the safety of the public, as the work required by these
contract documents is performed.
1.19 STOCKPILE/EQUIPMENT AREAS: It shall be the responsibility of the Contractor to
secure stockpile areas and equipment storage areas.
1.20 BOUND COPY OF CONTRACT DOCUMENTS: Bidder understands and agrees that
the Contract Agreement to be executed by offeror/bidder shall be bound and include the
documents set forth as such in the Contract Agreement.
1.21 DRUG -FREE WORKPLACE POLICY: It is the Owner's policy to maintain a drug - free
workplace. The Contractor agrees to implement during the progress of this Contract
Agreement a drug -free workplace policy. The policy shall include the following provisions:
A. Contractor shall have adrug-free workplace policy;
B. Contractor shall have a drug awareness program;
C. Contractor shall require all employees to receive a copy of the drug -free workplace
policy;
D. Contractor shall notify Owner of any employee conviction arising from drug use;
E. Contractor shall make a "good faith" effort to continue to maintain a drug -free
workplace.
1.22 TEXAS STATE SALES TAX: The Contract Agreement is issued by an organization
which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas
Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him
to buy the materials to be incorporated into the work without paying the tax at the time of
purchase.
1.23 LABOR AND WORKING HOURS: Attention of each bidder is particularly called to the
schedule of general prevailing rate of per diem wages included in these contract documents.
The wage rate which must be paid on this project shall not be less than specified in the
schedule of general prevailing rates of per diem wages as above mentioned. The bidder's
attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil
Statutes, providing for the payment of the wage schedules above mentioned and the Bidder's
obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem
wages in these contract documents does not release the Contractor from compliance with
any wage law that may be applicable. Construction work under the Contract Agreement
requiring an inspector will not be performed on weekends or holidays unless the following
conditions exist:
A. The project being constructed is essential to the City of Anna's ability to provide the
necessary service to its citizens.
B. Delays in construction are due to factors outside the control of the Contractor. The
Contractor is approaching the time when the liquidated damages provisions of the
Contract Agreement become applicable and Contractor can show he has made diligent
effort to complete the project within the allotted time. Standard working hours are
Monday through Friday, 8:00 a.m. - 5:00 p.m., not including the following holidays: New
Year's Day, Dr. Martin Luther King's Birthday, Good Friday, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after
Thanksgiving, Christmas Eve, and Christmas Day. Any of these holidays falling within a
weekend may be designated to a Monday or Friday at the discretion of the City.
Before construction work requiring an inspector is to be performed on weekends or
holidays, the Contractor must notify the Engineer not less than three (3) full working
days prior to the weekend or holiday he desires to do work and obtain written
permission from the Engineer to do such work. The final decision on whether to allow
construction work requiring an inspector on weekends or holidays will be made by the
Engineer.
In any event, if a condition should occur or arise at the site of this project or from the
work being done under this contract which is hazardous or dangerous to property or life,
the Contractor shall immediately commence work, regardless of the day of the week or
the time of day, to correct or alleviate such condition so that it is no longer dangerous to
property to life.
1.24 TWO-YEAR MAINTENANCE BOND: Prior to final acceptance the Contractor shall
furnish the City of Anna a maintenance bond to guarantee against defects in the construction
or equipment furnished for the project for two years following acceptance. The bond shall be
executed by a surety company holding a license to do business in the State of Texas and
acceptable to the City of Anna, in an amount equal to one hundred (100) percent of the
Contract Agreement.
1.25 AMERICAN DISABILITIES ACT: "Any person, firm business, partnership, or
corporation that provides a service or function to the public or employees, agents or officials
of the city of which is performed on behalf of the City of Anna, shall comply with 42 U.S.C.
1210A 2213 and any amendments thereto, known as the "American Disabilities Act of
199091 0 if
1.26 USE OF SUBCONTRACTORS: Upon award of bid, Contractor shall provide City with a
list of all possible subcontractors the Contractor may use for the project. City reserves the
right to exclude any subcontractor from the project that it reasonably deems unacceptable for
the project. The City shall notify contractor in writing of its intent to exclude any
subcontractor.
1.27 RIGHT TO SHUT DOWN: The City, through its owner representative or otherwise,
reserves the right to shut down the project.
1.28 UNCONTROLLABLE CIRCUMSTANCES: In the event a Party hereto cannot fully
perform its obligations hereunder due to the intervention of an "Uncontrollable
Circumstance", as that term is defined below, then, providing such Party has fully complied
with the provisions of this section, such Party shall be excused from such performance but
only to the extent and only in the manner set forth herein.
For the purposes of this Agreement an Uncontrollable Circumstance shall mean:
A. With respect to the Contractor:
m
1. An Act of God in the form of an unusually severe storm, or
flood, or fire or similar event, that could not have been
anticipated or guarded against which materially affects the
work site, including access or egress thereto;
2. A riot or war situation actually involving the site or actually
preventing the Contractor from working on the site, but not
including any situations involving suppliers off -site other than
those essential suppliers set forth in Exhibit A*;
3. An unanticipated strike involving the forces actually working
on the project or involving the employees of those essential
suppliers set forth in Exhibit A*, but no other labor stoppage.
* Contractor must set forth essential suppliers in an Exhibit A within five (5) business
days of award of final contract.
Provided however, that no such claimed Uncontrollable Circumstance shall be deemed
an Uncontrollable Circumstance for the purposes of this Agreement unless such event
actually and directly necessitated a delay in the work around the delays resulting from
such Uncontrollable Circumstance.
B. With respect to the Owner, an Uncontrollable Circumstance shall mean:
1. The inability to deliver the Site to the Contractor as
scheduled due to the intervention of a third Party such as a
Court or an agency of a higher level of government.
2. The inability of the Owner to perform its oversight, review
and approval functions due to the actual strike of its
employees or those of its essential consultants employed for
such purpose, but only for such reasonable period of time as
might actually be required to replace such forces.
In the event either Party is the victim of an Uncontrollable Circumstance as that term is
defined above, such Party shall put the other on written notice as soon as practicably
possible. Such notice shall specify the Uncontrollable Circumstance and the anticipated
affect it will have on that Party's abilities to perform its obligations under the Contract
Agreement. As soon thereafter as is practical, but in any event within ten (10) days of
such Uncontrollable Circumstance, the affected Party shall provide the other Party, in
writing, with its plan to deal with the effects of such Uncontrollable Circumstance and
with its proposed amendments to all affected schedules necessarily resulting therefrom.
1.29 CONSTRUCTION SUPERVISION: The Contractor will, at all times, maintain one
project superintendent per project who will provide the following functions. He/she will be on
site when and where construction activity occurs. He/she will maintain communication with
all subcontractors and contractor employees performing construction activities. He/she will
be available 24 hours a day, for the duration of the project, for emergency calls concerning
events at project sites. He/she will accept no additional responsibility from the Contractor
which would inhibit the performance of the above stated functions.
m
In the event that the project consists of multiple sites, the project superintendent will identify
to the Owner a responsive person at each site with construction activity. The project
superintendent will maintain communication with that responsible person during all
construction activity. In this even, the project superintendent will not be identified as a
responsible person for any given site.
If the Owner determines that the performance of the above functions is not being maintained
at any time, the Owner reserves the right to shut down the project, at the contractor's
expense, until performance of said functions is restored.
1.30 CONFINED SPACE POLICY: CONTRACTOR will be responsible for the establishment
and coordination of and required compliance with a Confined Space Entry Program as
required by federal law and City ordinance and shall inform the OWNER of said program.
CONTRACTOR will obtain any available information regarding permit space hazards from
the OWNER and will coordinate all entry operations with the OWNER. CONTRACTOR shall
provide, install, operate, and maintain such monitoring, ventilation, and personal protective
equipment to provide access to any and all confined space as required by Contractor's
Confined Space Entry Program. Said equipment shall meet or exceed the requirements of
the Occupational Safety and Health Act (OSHA), federal, state, and local authorities.
CONTRACTOR shall provide labor, equipment, and materials necessary to place, operate,
and maintain the said equipment as necessary for entrance into confined spaces by the
CONTRACTOR or OWNER. At no time shall work be done by the CONTRACTOR within
confined spaces without providing said equipment. Payment for this item shall be subsidiary
to all other pay items.
1.31 TEMPORARY SUSPENSION OF WORK: CONTRACTOR may from time to time be
required by OWNER to temporarily suspend project operations in one area and to commence
or continue project operations in another area. OWNER may make such_requirement for any
reason which OWNER deems reasonable and/or necessary, including but not limited to as a
result of a court order, failure by the OWNER to secure the necessary easements, right of
way, or permits required, conflicts between existing or contemplated utilities and the work,
and Acts of God. Such requirement may be oral or may be in writing. In the event that the
CONTRACTOR is delayed for sixty (60) or less days as a result of any temporary suspension
as described above, CONTRACTOR shall not be entitled to nor shall such delay serve as the
basis as a claim for additional compensation to CONTRACTOR or damages for mobilization,
re -mobilization, or any other damages sustained or alleged to have been sustained by
CONTRACTOR.
1.32 FINAL COMPLETION AND ACCEPTANCE: Within ten (10) days after the
CONTRACTOR has given the Engineer written notice that the work has been completed, or
substantially completed, the Engineer and the OWNER shall inspect the work and within said
time, if the work be found to be completed or substantially completed in accordance with the
Contract Documents, the Engineer shall issue to the OWNER and the CONTRACTOR his
Certificate of Acceptance of the work to the CONTRACTOR or to advise the CONTRACTOR
in writing of the reason for non -acceptance.
1.33 FINAL PAYMENT: Upon the issuance of the Certificate of Completion, the Engineer
shall proceed to make final measurements and prepare final statement of the value of all
work performed and materials furnished under the terms of the Agreement and shall certify
same to the OWNER, who shall pay to the CONTRACTOR on or after the 30th day, and
before the 35th day, after the date of the Certificate of Completion, the balance due the
CONTRACTOR under the terms of this Agreement, provided he has fully performed his
contractual obligations under the terms of the Contract Agreement; and said payment shall
become due in any event upon said performance by the CONTRACTOR. Neither the
Certificate of Acceptance nor the final payment, nor any provision in the Contract
Documents, shall relieve the CONTRACTOR of the obligation for fulfillment of any warranty
which may be required.
1.34 PAYMENTS WITHHELD: The OWNER may, on account of subsequently discovered
evidence, withhold or nullify the whole or part of any certificate to such extent as may be
necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating probable filing of claims.
(c) Failure of the CONTRACTOR to make payments properly to subcontractors or
for material or labor.
(d) Damage to another contractor.
(e) Reasonable doubt that the work can be completed for the unpaid balance of the
Contract Agreement amount.
(f) Reasonable indication that the work will not be completed within the contract
time.
When the above grounds are removed or the CONTRACTOR provides a Surety Bond
satisfactory to the OWNER, which will protect the OWNER in the amount withheld, payment
shall be made for amounts withheld because of them.
Section 2. TECHNICAL SPECIFICATIONS
2.01 PURPOSE OF TECHNICAL SPECIFICATIONS: This project shall be constructed in
accordance with the current City of Anna Standard Specifications ("Standard Specifications"),
which include the Standard Specifications for Public Works Construction, latest edition, and
which for the purposes of this Contract Agreement also include the the Supplementary
General Provisions and these Technical Specifications; provided that where any
discrepancies occur between the Technical Specifications, the Supplementary General
Provisions and/or the Standard Specifications, these Technical Specifications shall govern.
The Technical Specifications are included herein for the purpose of adapting the
Supplementary General Provisions to the project which is the subject of the Contract
Agreement and of adding thereto such further provisions as may be necessary to state the
agreement in its entirety.
2.02 HOT MIX ASPHALTIC CONCRETE PAVEMENT SURFACE COURSE: All HMAC
pavement surface course and base course shall be provided in accordance with North
Central Texas Council of Governments Public Works Construction Standards 2004 or later.
The Contractor shall furnish job mix design (JMF) and material certification prior to any work.
Contractor shall be responsible throughout project for quality control of material in
accordance with design and North Central Texas Council of Governments Public Works
Construction Standards 2004 or later. The job mix formula can be adjusted as long as it does
not exceed the Master Grading Limits as specified in North Central Texas Council of
Governments Public Works Construction Standards 2004 or later.
2.03 LEVEL -UP COURSE: Where directed by the Engineer, a first course, or leveling -up
course, shall be laid to bring the street surface to a uniform grade or section. Contractor will
use a grade 30 felt to cover appurtenance prior to level -up. This course may be bladed into
place and rolled. The material for the levekup will be fine graded asphaltic concrete surface
coarse (Type "D"), and will be paid for at the contract unit price. At the completion of the
levekup coarse, the street will be swept by a mechanical broom and all loose material will be
removed.
Contractor shall provide plant mix design and material certification prior to any work.
2.04 ADJUSTMENTS TO EXPOSED UTILITY APPURTENANCES: Any water, sanitary
sewer or storm sewer appurtenances encountered by the Contractor during construction will
be adjusted by the Contractor to conform to the finished surface of the street. Contractor will
take every care in the recovery of previously unlocated appurtenances. The Contractor must
keep all sanitary or storm sewers clear of dirt or debris resulting from any construction
operations.
The Contractor is fully responsible for all damage and loss to utility appurtenances and
facilities caused by his operations. Care must be exercised at all times to avoid damage or
interruption of service. In the event that the Contractor, having taken every care for the
recovery of previously unlocated appurtenances, damages a previously unlocated City
owned appurtenance, the City will provide the cast replacement materials needed for the
adjustment to be completed. Adjustments to any appurtenance must be done in a manner
which is, and with materials that are, acceptable to the owner. See attached drawings for
information on the adjustment of City of Anna Utility appurtenances.
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It is the intention of the City that all adjustments of utility -owned facilities be completed in
advance of placement of the new asphaltic concrete surfaces. Adjustment of City owned
appurtenances shall be done following resurfacing. The Contractor will endeavor to reuse
existing castings, covers or other material parts. Extension rings will not be acceptable. The
Contractor shall use Grade 30 Felt Paper to cover the appurtenance prior to
Construction/Improvements.
Upon Completion of asphalt resurfacing, the Contractor will mark all appurtenances with
permanent type paint on the new surface for easy location. Adjustments will be made no
more than five (5) at a time. When five (5) appurtenances have been exposed for adjustment,
the Contractor will have three (3) days to complete said adjustments. Clean-up will be
completed before the next five (5) appurtenances can be started. This is required in addition
to Section 12-13 of General Technical Provisions.
Payment for appurtenance adjustments will be included in monthly partial payments as the
work is completed. This does not relieve the Contractor from the responsibility for making
final corrections as may become necessary before the contract is accepted for final payment.
The contract unit price for each item will be full compensation for removal and salvage of the
existing appurtenance, for all required cleaning before reinstallation, for all cutting or
rebuilding necessary to match the finished grade of the paving, for replacement of all
damaged or lost parts, for new parts which may be necessary to match the height of the
proposed surface, for protecting facilities to assure continuous and uninterrupted service, for
the asphaltic concrete patching to protect traffic, and of all material, labor, and equipment
costs to satisfactorily complete the adjustments in accordance with these specifications and
to the satisfaction of the Engineer.
Contracted price for adjustment of any utility appurtenances will not be subject to
renegotiations due to underrun of contract quantity.
2.05 PROJECT SIGNS: The Contractor on this project shall provide and erect up to two (2)
project signs as required.
Generally, project sign shall be located at the beginning and end of the project street sections
and on major intersecting streets. Locations of signs will be as indicated by the Owner's
representative.
The sign shall be substantially in accordance with the drawing enclosed as part of these
specifications. Construction shall be on 3/4" weatherproof (marine) plywood and the painting
shall be accomplished with good quality paint which will not weather or fade excessively
during life of contract. Sign colors shall be as indicated or equivalent color values as provided
by other manufacturers.
Signs shall be placed in prominent locations and maintained in good condition until the
completion of the project. Damaged or defaced signs will be repaired within two working days
at the Contractor's expense. The cost of the sign(s) shall be considered subsidiary to the unit
prices bid on this project, unless otherwise noted. Signs shall become the property of the City
AAnna after completion of the project.
2.06 POSTING SIGNS: The Contractor is the Public Works Director's authorized designee
to post notice of street improvement. The following stipulations will apply:
hours prior to the commencement of each phase of
construction/improvements, i.e. base repair, level up, milling, or resurfacing is
scheduled to start, the contractor will place "NO PARKING" signs at locations
where plainly visible to all on -street parking areas and in sufficient number that
the message can be read from any parking space, approximately 75 to 100 feet
apart. Signs must be placed at the ends of each project street sections where
they can be clearly seen by approaching traffic.
B. "NO PARKING" signs must be used notifying persons that it is unlawful to park
vehicles in the street, specifying the location, time, and dates, and a failure to
observe this restriction will result in towing and/or penalty according to Ordinance
No. 90-182.
No separate or additional pay will be made for complying with the requirements of this
special provision. No phase of construction/improvement may start until posting of signs is
complete.
2.07 REMOVAL OF VEHICLES: The Contractor will be responsible for removal of vehicles
which obstruct each phase of construction/improvement. The Engineer recommends that the
Contractor engages the services of an off -duty police officer whenever private vehicles are to
be towed. The Contractor must assume all responsibility for moving vehicles and handle all
claims which may arise. No separate or additional pay will be made for complying with the
requirements of this special provision.
2.08 TRAFFIC MOVEMENTS AND SCHEDULE OF OPERATIONS:
Construction/improvements shall be scheduled to produce a minimum of interference to the
movement of traffic. All streets are to remain open and usable to traffic during work
operations by maintaining a minimum of one lane clear obstructions. The Contractor will
provide flagmen as required to control traffic through the site. When not in use, equipment
and machinery shall be removed from the street and out of the flow of traffic. Contractor
shall provide (1) flagperson per intersection during all liming operations to stop all
vehicular and pedestrian traffic from entering project area until work is completed.
If any street is required to be closed on Saturday or Sunday, any legal city holiday, or on
weekdays between the hours of 5:00 p.m. and 8:00 a.m., permission must be obtained in
advance from the Engineer and all proper entities must be notified by the Contractor.
Traffic control and street name signs shall not be torn down, covered or otherwise removed
from the clear view of the driver or pedestrian.
Restricted work hours and limited operations may be required on other thoroughfares and
collector streets as directed by the Engineer. Nighttime, weekend and holiday work at any
location requires specific approval in advance by the Engineer.
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2.09 ADVANCE NOTICE OF CONSTRUCTION OPERATIONS: The Contractor will be
required to distribute advance notices of proposed construction/improvements. These notices
will be furnished by the City and will take the form of door -hangers. They must be distributed
48 hours in advance of scheduled operations and will be hand delivered and placed in an
obvious location at each separate building or dwelling on the street. They will not be placed
in mail boxes. No phase of construction/improvement may start until advance notices have
been distributed.
THE CONTRACTOR WILL BE REQUIRED AND IS RESPONSIBLE TO PUBLISH IN THE
MCKINNEY COURIER GAZETTE 48 HOURS IN ADVANCE ANY SCHEDULED
OPERATIONS OF STREETS THAT WILL HAVE CONSTRUCTION/ IMPROVEMENTS. A
COPY OF THE NEWSPAPER ARTICLE WITH THE PUBLISHED STREETS WILL BE
FURNISHED TO THE ENGINEER ON REQUEST. THE COST WILL BE PAID BY THE
CONTRACTOR.
The Contractor will be expected to make every diligent effort to prevent parking of vehicles
on the street which may conflict with his construction operations.
No additional compensation will be paid for this item but the cost shall be included in such
pay items as are provided in the proposal.
2.10 PAYMENT OF TESTING: Contractor is responsible for testing and shall submit to the
ENGINEER a Testing Laboratory for approval for all water, sewer and backfill tests in
accordance with TCEQ 290.44, TCEQ 214.57 and TCEQ 217.58.
2.11 VEGETATION MANAGEMENT: Construction Methods - It shall be the Contractor's
responsibility to blade all grass out of the roadway area. All deleterious material shall be
removed before spraying. The affected area shall be sprayed with Round Up (41 %)
herbicide, a product of the Monsantos Corporation or equal. The edge of the streets and
other areas will be sprayed for at least a three (3) foot width or as directed by the Engineer.
Herbicide will be sprayed before the asphalt is installed.
The City of Anna will not be responsible for losses or damage resulting from the use of this
product in any manner not specifically recommended by PBI/Gordon. The Contractor
assumes all risks associated with such non -recommended use.
2.12 UNCLASSIFIED EXCAVATION:
A. Description - Prior to the actual surface treatment, it will be the Contractor's
responsibility to grade areas on or adjacent to the roadways to ensure adequate surface
drainage as directed by the Engineer.
B. Measurement and Payment - There will be no additional compensation for this work. It
will be subsidiary to all other pay items, unless otherwise noted.
2.13 REINFORCED PORTLAND CEMENT CONCRETE PAYMENTS: All Reinforced
Portland Cement Concrete Pavements shall be provided in accordance with TXDOT ITEM
360.
2.14 LIME STABILIZATION GENERAL INFORMATION: This item will cover the treatment of
existing pavement and subgrade combined to be used as subgrade by pulverizing, adding
89
lime, mixing and compacting material. Prior to any treatment processes all existing utility
appurtenances shall be exposed and plainly marked. The existing pavement and subgrade
material shall be cut and pulverized to a depth of 6" minimum. The material shall be cut and
pulverized until a uniform grading of material is present and approved by the City. Contractor
shall furnish type "C" Quicklime Grade "DS" at a rate of 30 LBS/SY. The application and
mixing of lime may be accomplished by either "Dry Placing" or "Slurry Placing". The material
and lime shall be thoroughly mixed and brought to the proper moisture content as determined
by the City. The material shall then be compacted and sealed over to cure for a period of
three (3) days. After this curing process is complete, material shall be remixed until a uniform
grading is acquired and approved by the City. During remixing water shall be added as
directed by the City and as soon as proper material grading is achieved, compaction process
shall begin. Compaction shall continue until the entire depth of material is uniformly
compacted to a density of 95 percent as determine by test method TEX-113-E and moisture
is -2 to +3 of optimum moisture content. After compaction, material shall be finished to the
lines and grades as required by the City and finish rolled with a pneumatic tire roller. The
material shall then be treated with a prime coat at a rate of .10 to .20 gallons per square yard
as determined by the engineer. During this process material shall be protected from traffic
until prime coat has cured. Material shall be covered with Hot Mix Asphaltic Pavement as
soon as possible, but no longer than seven (7) calendar days. If material is not covered
within required time limit, subgrade will be inspected by the City to determine if the contractor
will be required to rework the entire section.
2.15 CEMENT STABILIZATION GENERAL INFORMATION: All Cement Stabilization shall
be provided in accordance with TXDOT ITEM 275.
2.16 FLEXIBLE BASE GENERAL INFORMATION: All Flexible Base shall be provided in
accordance with TXDOT ITEM 247.
2.17 ASPHALT ANTISTRIPPING AGENT:
A. Description.
This item shall govern for furnishing and blending an antistripping agent into the asphalt
for use in asphaltic concrete pavement mixtures or asphalt stabilized base mixtures
when designated on the plans and as directed by the Engineer.
B. Materials.
The anti -stripping agent shall be a uniform liquid at 77°F. It shall show no significant
loss in effectiveness when the asphalt -agent blend is held for three days at 350° F. The
anti -stripping agent shall be evaluated in laboratory mixtures with the materials and
design proposed for use. Unless otherwise indicated in the plans, the mix shall be
evaluated using Test Method Tex-531-C and must evidence a minimum tensile strength
ratio of 0.70. The Test Method Tex-531-C Mixing and Molding procedures are amended
for material provided under the Special Specification Item, "Hot Mix -Cold Laid Asphaltic
Concrete Pavement" by mixing the design aggregates and the asphalt -primer blend (no
water) at 2000 plus or minus 5° F, cooling at room temperature for 2.5 hours, curing mix
a minimum of 15 hours at 140° F or until constant weight is attained, heating the mix
specifications at 1000 plus or minus 5° F for two hours, and molding at 100° plus or
minus 5° F. Plant mixes may be tested by the modified procedure starting with the
curing step. The amount of agent used shall be 0.5 to 1.0 percent by weight of the
design asphalt, and the actual amount shall be determined based on the results of the
evaluation.
If plans notes indicate that the mix is to be evaluated using Test Method Tex-530-C, the
following shall apply for the material provided under the Special Specification Item, "Hot
Mix -Cold Laid Asphaltic Concrete Pavement". The Tex-530-C mixing procedure is
amended in that the asphalt, primer (no water) and any anti -stripping agent is blended
at 200' plus or minus 5° F, aggregates and binder mixed at 200' plus or minus 5° F,
and the mix cured to constant weight at 1400 F prior to performing the stripping test.
Plant mix may be tested by curing to constant weight and performing the stripping test.
As directed by the Engineer, additional samples of the mix produced for the construction
item will be obtained during the progress of the work, and tested to determine the
continued effectiveness of the asphalt -agent blend. If such testing indicates failure of
the mix to meet the stripping resistance required, the Engineer will halt the work until
such time as the problem has been corrected by any necessary change in design,
materials or mix production.
Prior to delivery, a sample of the anti -stripping agent proposed for use shall be
furnished to the Department for testing.
The anti -stripping agent shall be delivered in unbroken containers with the
manufacturer's label properly affixed, or in sealed tank trucks properly invoiced.
C. Construction Materials.
Handling of the anti -stripping agent shall at all times be in accordance with the
manufacturer's recommendations. The agent must not evidence any separation or non.
uniformity at time of use. For agents that have high viscosity normal ambient
temperatures, the Contractor shall provide a suitable means of warming the material to
a proper consistency for blending with the asphalt. The agent shall be added to the
asphalt at the rate determined in accordance with subsection B., above, by means of an
incline metering device just prior to introduction of the asphalt into the mixing plant. The
equipment used must be approved by the Engineer. The Contractor will be required to
demonstrate that the equipment is properly calibrated.
Unless otherwise shown on the plans, a control section of asphaltic -concrete pavement
containing no antistripping agent shall be placed. This control section shall be placed at
the location and of the length shown on the plans.
D. Measurement and Payment
Work performed and materials furnished as prescribed by this Item will not be measured
nor paid for directly, but shall be considered subsidiary to the governing specifications
for the items of construction in which these materials are used.
2.18 SURFACE AND EDGE MILLING: The existing surface on designated streets will be
milled to the depths and dimensions directed by the Engineer. It is not the intention to mill the
original concrete base of the street, but concrete patches or other obstructions protruding
above the original base and into the surface specified for removal will be milled to conform to
the desired section. Variations in depth of milling operations shall not exceed 3/8 inch in the
finished surface prior to resurfacing. Surface milling and edge milling will be to depths as
shown on the enclosed sketches. Milling round radii of intersections will be required where
directed by the Engineer.
Normal mng operations shall be conducted to the edge of all manholes, valves and other
appurtenances encountered. If the milling machine can not accomplish this, then milling with
hand tools or by other methods shall be employed. No separate compensation will be paid for
any milling adjacent to appurtenances that is done with hand tools or by other methods.
The milling machine shall self -load the milled material onto an adjacent hauling unit. Water or
other approved liquid shall be sprayed on the material being milled to eliminate dust during the
milling operation. Brooming and/or sweeping to remove any loose material not removed by the
machine shall be conducted immediately behind the machine in an approved manner to the
satisfaction of the Engineer. All milled surfaces shall be cleaned, inspected, measured, and
approved before the application of the tack coat or asphaltic concrete mixture.
Normal operations will require complete cleanup before the Contractor is allowed to leave the
job. The Contractor will not be permitted to mill any street more than one week in advance of
scheduled resurfacing. Lighted barricades will be placed around all exposed surface
protrusions the same day they are exposed. Failure to observe these constraints may result in
shutting down the work until they are satisfied.
Surface milling will be measure for payment in square yards of surface milled regardless of the
number of passes required to provide the specific section for SURFACE MILLING and in linear
feet for EDGE MILLING. The contract unit prices shall be the total compensation for milling the
surface, removal and disposal of the milled material, cleaning the milled area, and for all labor,
equipment, and incidentals necessary to complete the work in accordance with this provision,
the specifications and the attached details.
These items will be bid on the basis that all milled material will be hauled and
disposed of at the location designated by the Engineer for use by the City. The
unit prices for SURFACE MILLING and EDGE MILLING will not be subject to
renegotiation due to under -run of Contract quantities.
2.19 MATERIALS AND EQUIPMENT: The Contractor shall be free to secure the approved
materials, equipment and articles from sources of his own selection. However, if the Owner
finds that the work shall be delayed or adversely affected in any way because a selected
source of supply cannot furnish a uniform product in sufficient quantity and at the time
required and a suitable source does exist, or the product is not suitable for the work, the
Owner shall have the right to require the original source of supply changed by the Contractor.
The Contractor shall have no claim for extra cost or damage because of this requirement.
The Contractor warrants to the Owner that all materials and equipment furnished under this
Contract Agreement shall be new unless otherwise specified in the contract documents; and
that same shall be of good quality and workmanship, free from faults and defects and in
conformance with the contract documents. All materials and equipment not conforming to
these requirements, including substitutions and not properly approved and authorized, may
be considered defective, and shall be promptly repaired or replaced by the Contractor at the
Contractor's sole cost upon demand of the Owner. If required by the Owner, the Contractor
shall furnish evidence as to the kind and quality of materials and equipment.
2.20 WORKMANSHIP: The Contractor shall furnish the Owner with every reasonable facility
for ascertaining whether or not the work performed was in accordance with the requirements
and intent of the plans and specifications. Any work done (except excavation) or materials
used without suitable inspection by the Owner may be ordered removed and replaced at the
Contractor's expense.
The Contractor shall promptly correct or replace all work rejected by the Owner as defective
or as failing to conform to the contract documents whether observed before or after
substantial completion and whether or not fabricated, installed or completed. The Contractor
shall bear all costs of correcting such rejected work, including costs incurred for additional
services necessary thereby.
2.21 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work which has been
rejected or condemned shall be repaired, or if it cannot be repaired satisfactorily, it shall be
removed and replaced at the Contractor's expense. Defective materials shall be immediately
removed from the site of the work. Upon failure of the Contractor to repair satisfactorily or to
remove and replace, if so directed, rejected, unauthorized or condemned work or materials,
immediately after receiving notice to the Owner, the Owner shall, after giving written notice to
the Contractor, have the authority to cause defective work to be remedied or removed and
replaced, or to cause unauthorized work to be removed and to deduct the cost thereof from
any monies due or to become due the Contractor. Alternatively, the Owner may, at its option,
declare the Contractor in default, in which event the performance bond surety shall complete
the contract.
2.22 STORM WATER POLLUTION PREVENTION: Contractor shall follow the Texas
Pollution Discharge Elimination System's General Permit 1XR150000 for all SWPPP
activities and provide inspection, maintain the SWPPP, submit NOI's /NOT's and notices to
the Stormwater operator in accordance with that permit.
2.23 REMOVE AND DISPOSE OF EXISTING SS WETWELL: Contractor to remove
wetwell, remove equipment, de -energize, backfill, and perform any other work associated
with the removal and disposal of the existing SS wetwell.
Section 3. GENERAL SPECIFICATIONS AND CONTRACT DEFINITIONS
NCTCOG Specs
201 Temporary Erosion, Sedimentation and Water Pollution Prevention and Control
202.E Seeding Turf -grass
93
501.7 Ductile -Iron Pressure Pipe and Fittings
501214 Polyvinyl Chloride (PVC) Water Pipe
501617 Polyvinyl Chloride (PVC) Wastewater Pipe and
502.1 Manholes
502.3 Fire Hydrants
502w6 Valves
503 Trenchless Installation
504 Open Cut — Backfull
50668 Plugs
507 Open Cut — Wastewater Conduit Installation
3070B Pavement Cut and Repair — Asphalt
Fittings with Dimension Control
October 15, 2012
City Council
City of Anna
111 N. Powell Parkway
Anna, Texas 75049
RE: 4579-01, FM 455 UTILITY RELOCATION
BID TABULATION AND RECOMMENDATION OF AWARD
Attached is a tabulation of the bids received far the above referenced project on October 11, 2012.
Quality Excavation, Inc. was the low bidder in the amount of $1,226,676.00 for the above referenced
project. Dannenbaum's Engineer's estimate was $1,672,760.75, a savings to the City of 27%.
Dannenbaum has verified the references for Quality Excavation and has a long and successful working
relationship with this company. Based on the information available, we see no reason not to
recommend that the Town award the bid on this Contract to the low bidder, Quality Excavation, Inc. in
the amount of $1,226,676.00 for the project.
Included in Quality Excavation, Inc bid package is their contract documents. For your protection, we
suggest that you or your attorney transmit copies of pertinent documents to the Surety's home office as
a means to inform them of the documentation. They in turn can either validate or deny the bonding.
Our office has made no inquires concerning bonds.
Should you have any questions about the information provided herein, please do not hesitate to call.
Enclosures
cc: 4579-01 File
G:\1220\4579-01\Project\Bid Phase\4579-01 Contractor Award Letter.docx
i
Council Meeting: October 23, 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No. 8
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: 10/18/12
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: (a) Public Hearing: To consider public comments regarding an
ordinance of the city of Anna, Texas, amending the Anna City Code of Ordinances by
amending Part III — C, Section 35 by adding Section 35.04 (Residential Building
Standards) and amending Part III — E, Section 6 by adding Section 6 (r) (Residential
Irrigation Requirements).
(b) Consider/Discuss/Action regarding an ordinance of the city of Anna, Texas,
amending the Anna City Code of Ordinances by amending Part III — C, Section 35 by
adding Section 35.04 (Residential Building Standards) and amending Part III — E, Section
6 by adding Section 6 (r) (Residential Irrigation Requirements).
SUMMARY: This ordinance is an attempt to improve the aesthetic look of residential
neighborhoods. The Staff sent copies of Lite proposed ordinance to every builder
currently working in Anna. The staff scheduled a meeting with the builders to address
their concerns if any. Bloomfield homes came to the meeting and Katana homes
responded verbally prior to the meeting. The proposed ordinance was then taken to the
Planning and Zoning Commission for Pubic hearing. The ordinance addresses house
repetition, roof pitch, shingle material, garages, building articulation, fenestration,
masonry content, and minimum landscaping requirements.
PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning
Commission recommended approval of the ordinance unanimously at their meeting
October 1, 2012.
RECOMMENDED ACTION: Approval of Ordinance
CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF
ORDINANCES BY AMENDING PART III — C (ZONING ORDINANCE), SECTION 35 BY
ADDING SECTION 35.04 (RESIDENTIAL BUILDING STANDARDS), SECTION 3.02
RELATED TO APPEALS, AND APPENDIX 1 (RESIDENTIAL ZONING DISTRICT AREA
REGULATIONS); AND AMENDING PART III — E (LANDSCAPING REGULATIONS),
SECTION 6 BY ADDING SECTION 6 (r) (RESIDENTIAL IRRIGATION REQUIREMENTS),
PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO
EXCEED $2,000; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances, rules
and regulations governing the construction of buildings and maintenance; and
WHEREAS, the City Council of the City of Anna seeks to protect and provide for the public
health, safety, and welfare, including but not limited to the aesthetic development of
property within its corporate limits; and
WHEREAS, the City Council finds it to be in the best interest of the public to create and
maintain a positive community image and identity by requiring architectural treatments that
enhance the visual appearance and character of the residential neighborhoods of the City; and
WHEREAS, the City Council has determined that the City's Code of Ordinances should
provide regulations pertaining to architectural design and maintenance; and
WHEREAS, for the same reasons set forth above, the City Council finds it to be in the public
interest to adopt regulations which require residential irrigation systems;
NOW, THEREFORE, BE IT ORDAINED BY TMP CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all purposes.
Section 2. Amendments.
2.01 In accordance with Part II, Article 1, Section 9 of the Anna City Code of Ordinances, this
ordinance amends Part III - C (Zoning Ordinance) of the Anna City Code of Ordinances by
adding Section 35.04 (residential architectural standards) as follows:
Section 35.04 Residential Architectural Standards
(a) House repetition
City of Anna, Texas ORDINANCE NO. Page 8
(1) Within residential developments, single family homes with substantially
identical exterior elevations can only repeat every four (4) lots when
frontinq the same rigWof-way including both sides of the street.
(2) Homes side by side or across the street within one house (directly
across the street or "caddy corner" across the street) shall not have
substantially identical exterior elevations.
(b) Roofs
(1) Except for porch roofs and shed roofs, pitched roofs shall have a
minimum slope of 6" x 12" (six inches vertical rise for every 12 inches
horizontal run) and shall have an overhang at least 1' (one foot)
beyond the building wall; however, the overhang shall not encroach
into a setback more than one foot. Porch roofs and shed roofs must
have a minimum pitch of 4" x 12".
(2) Roofing materials in all residential districts may only consist of
architectural asphalt shingles (including laminated dimensional
shingles), clay and concrete tile, metal shingles, mineral -surfaced row
roofing, slate and slate-tvpe shingles, wood shingles, wood shakes or
an equivalent or better product as compared with said materials.
Should architectural shingles be used as roofing material, said
shingles shall be accompanied with a minimum 25 year warranty.
Under no circumstance shall three -tab shingles be used as roofing
material.
(c) Garages. On front entry garages the face of a garage may not: (1) be
extended more than ten feet beyond the remainder of the front elevation of
the primary living area of a house; or (2) be over 60% of the total frontage
width of a house except where swing drives ("S drives) are used. Porches or
columns are not considered part of the front elevation of the primary living
area.
(d) Building Articulation. At least four facade articulation techniaues are required
on each single family home to add architectural variety and interest to a
building. The following features shall be acceptable techniques of exterior
articulation.
(1) A base course or plinth course; banding, moldings, or stringcourses;
quoins; oriels; cornices; arches; balconies; brackets; shutters;
keystones; dormers; louvers as part of the exterior wall construction.
(Quoins and banding shall wrap around the corners of the structure for
at least two feet.)
e length of
City of Anna, Texas ORDINANCE NO. Page 9
or other similar highly visible areas.
(3) The use of both stone Cl" brick on the front elevations with a
minimum of ten percent coverage of one of the elements.
(4) Front_porch of at least 50 square feet.
(5) The installation of at least two (2) coach lights.
(6) Other techniques for Building Articulation can be substituted if
administratively approved by the Administrative Official.
(e) Fenestration.
(1) Windowless exterior walls, excluding garage doors, that face a public
right-of-way, or other similar highly visible areas are prohibited. On
two story structures, windows are required on the first and second
story facing a public right-of-way_
(2) Windows shall be in harmony with and proportionate to the rest of the
structure.
(3) The use of reflective glass on residential structures is prohibited.
Reflective glass will be defined as having a visible light reflectance
rating of 15% or greater.
(f) Masonry Content.
(1) Except as noted below, the exterior walls (excluding windows and
doors) on the First Floor Front Elevation of any single family home
shall be 90 percent masonry and 80 percent on the second floor front
elevation. The total cumulative surface area of the remaining exterior
walls (excluding windows and doors) shall be 80% masonry.
(2) .Except as noted below, the exterior walls (excluding windows and
doors) on the Front Elevation of any multi -family structure shall be 100
percent masonry. The total surface area of the remaining exterior
walls (excluding windows and doors) shall be 90% masonry.
(3) Second floor Dutch Gable Roof elements are not required to be
masonry if setback at least 3 feet from the first floor front elevation
vertical plane.
(4) Residential masonry standards do not apply to the SF-1 district.
(g) Exceptions to the Residential Architectural Standards in this section may be
o_n__ly occur after application and review by the Planning__and Zoning
City of Anna, Texas ORDINANCE NO. Page 10
Commission and approval by the City Council by Specific Use Permit.
2.02 In accordance with Part II, Article 1, Section 9 of the Anna City Code of Ordinances, this
ordinance amends Part III-E (Landscaping Regulations) of the Anna City Code of Ordinances
by adding Section 6(r) (Residential Irrigation) as follows:
Section 6 Minimum Landscaping Requirements
(r) Residential Irrigation. All new residential living units shall have an
underground sprinkler system installed in all yards in accordance with the
following requirements.
(1) New irrigation systems shall not utilize above -ground spray emission
devices in landscapes that are less than 48 inches not including the
impervious surfaces in either length or width and which contain
impervious pedestrian or vehicular traffic surfaces along two or more
perimeters. If pop-up sprays or rotary sprinkler heads are used in a
new irrigation system, the sprinkler heads must direct flow away from
any adjacent surface and shall not be installed closer than four inches
from a hardscape, such as, but not limited to, a building foundation,
fence, concrete, asphalt, pavers, or stones set with mortar.
(2) Narrow paved walkways, jogging paths, golf cart paths or other small
areas located in cemeteries, parks, golf courses or other public areas
may be exempted from this requirement if the runoff drains into a
landscaped area.
(3) Irrigation Zones. Irrigation systems shall have separate zones based
onplant material type, microclimate factors, topographic features, soil
conditions, and hydrological requirements.
(4) Irrigation systems shall not spray water over surfaces made of
concreteI asphalt, brick, wood, stones set with mortar, or any other
impervious material, such as, but not limited to, walls, fences,
sidewalks, streets, and other similar improvements.
(5) Rain or moisture shut-off devices or other technology. All new
automatically controlled irrigation systems must include sensors or
other technology designed to inhibit or interrupt operation of the
irrigation system during periods of moisture or rainfall.
2.03 In accordance with Part II, Article 1, Section 9 of the Anna City Code of Ordinances, this
ordinance amends Part III - C (Zoning Ordinance) of the Anna City Code of Ordinances by
amending Section 3.02 (Interpretation and Appeals) as follows:
Section 3.02 Interpretation and Appeals
City of Anna, Texas ORDINANCE NO. 0age 41
Unless otherwise expressly stated in this Part of the Code, iit is+ is +hthe in+ont of +his
PaFt ef the Cede +ham+ all questions of interpretation and enforcement shall be
first presented to the Administrative Official, and that -such questions shall be
presented to the Citye c-il-Board of Adjustment only on appeal from the
decision of the Administrative Official and th-at-recourse
from the decisions of the Gity GeuRGP-Board of Adjustment shall be to the Courts
as provided by law.
2.04 In accordance with Part II, Article 1, Section 9 of the Anna City Code of Ordinances,
this ordinance amends Part III - C (Zoning Ordinance) of the Anna City Code of
Ordinances by amending Appendix 1 of Part III - C as shown in Exhibit "A" attached
hereto and incorporated herein as if set forth in full.
Section 3. Penalty.
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation
shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each violation
is considered a separate offense and will be punished separately.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to the
extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect the same
as if such invalid or unconstitutional provision had never been a part hereof. The City declares
that it would have passed this ordinance, and each section, subsection, clause, or phrase
thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses,
and phrases be declared unconstitutional or invalid.
Section 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon the
posting and/or publication, if required by law, of its caption and the City Secretary is hereby
directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this day of ,
20 FA
ATTESTED:
City Secretary, Natha Wilkison
Mayor, Mike Crist
City of Anna, Texas ORDINANCE NO. Page 12
City of Anna, Texas ORDINANCE NO. Page 13
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EXHIBIT "A"
Council Meeting: October 23, 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No. 9
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: 10/ 18/ 12
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: a) Public Hearing
To consider public comment on a request by Tom Slowbe, representative for the property
owner, to change zoning from Agriculture (AG) to Single Family Residential (SF-60)
District zoning on property located at East Fork Estates Block A, Lot 5-R1, 5-R2, and 5-
R3, containing approximately 5.0 acres.
(b) Consider/Discuss/Action adopting an Ordinance regarding a request to change zoning
on property located at East Fork Estates, Block A, Lot 5- 1, 5-R2, and 5- 3 from
Agriculture (AG) to Single Family Residential (SF-60) District zoning.
SUMMARY: This property is currently zoned as "AG" (Agricultural). When the property was
annexed in 2002 "AG" was the default temporary zoning classification. The three lots that exist
in this area exceed 1 acre in side, however, the owners do not want to build 2,400 square foot
residential structures. Within the "SF-60" classification the size is reduced to 1,600 square foot.
This zoning would be consistent with the housing sizes that prevail in this area
PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning
Commission recommended approval of the zoning request unanimously at their meeting
October 1, 2012.
RECOMMENDED ACTION: Approval of Ordinance
OF h
m NOTE: Failure to obtain final approval on this case within six months may constitute denial or withdrawal of
this case by Council or Staff without refund of fees. Fees required for this application established by the City of
Anna must be submitted simultaneously with this application for acceptance.
Fees: Zoning - $300, plus $10 per acre Planned llevelopment -$500, plus $30 per acre
Specific Use - $300 plus $10 per acre, Zoning Compliance Inspection - $100
Zoning Verification Letter -S100 Site Plan - $250 one acre or less $300 more than one Acre
Request Informatio
Location: 00 n
*Subdivision. fo
Existing Zoning /
*A metes and bounds descripti
platted lot.
Applicant/Owner
Key Contact
Addressg
City
Contacts Status:(check#
,
.f'
PLot No._Size ofRequest
Requested Zoning/Use �'r
must be attached if the request is for: (A) a portion of a platted lot or (B) not a
Telephone No.'s€<FXJNo.
_ State � Zip Code
❑ Owner (Representati�
❑ Tenant
Email
Buyer
The owner's signature is required on this application and must be notarized, whether a single owner or a corporation.
This is to certify that I/We the undersigned, am/are the sale owmer(s) of the property described above on the date of this
application, and have read and understood the Disclosure of Interest Form attached to this application, and complete
same.
Owner please rint �"�°�'/, j I'',A14e'
Address '„ .;,� r✓, Telephone No.
City f ewa State Zip Code _
L
Corporation/Partnership/Owner V-:�
Address �. 'zl 4`�'..:4) Telephone No.
City `{,. ,-� ; State_ Zip Code" s ' Email'-
Notary Statement (All Signatures Must Be Notarized)
Before me, the undersigned authority, on this,day personally
known to me to be the person whose name is subscribed to the above and foregoing instrument and acknowledged to
me that he executed the same for the purposes and consideration expressed and in the capacity therein stated.
CITY OF ANIMA
I RyAttl1 Mi "A : , y
those cases where the applicant does not awn the
Every question must be answered. If the question is
answer witn ..iv�H��.
A. Do you believe that a City official* or City employee** may have a conflict of inter i�the
property or application referenced on the reverse side? Yes o,
B. If so, state the name of each City official or employee of the City of Anna known by you that may
have a conflict of interest in the property or application referenced on reverse side.
C. State all information upon which you base the belief (use additional paper, if necessary).
I certify that all information provided is true and correct as of the date of this statement, that I have not
knowingly withheld disclosure of any information requested; and that supplemental statements will be
promptly submitted to the City of Anna, Texas, as changes occur.
Name of Certifying Person
Title of Certifying Persc
Signature of Certifying
*Mayor, City Council members, Planning and Zoning Commission members, and Zoning Board of
Adjustment members.
**City Manager, City Secretary, City Attorney, and all department heads
Please publish the attached in the legal section of the newspaper at the
earliest possible date. Please send tear sheet, publisher's affidavit, and bill
to the City of Anna.
CITY OF ANNA
PUBLIC HEARINGS ON ZONING CHANGES
A public hearing will be conducted by the City Council of the City of Anna on Tuesday,
October 23, 2012 at 7:30 p.m. at the Community Room of the Anna City Hall
Administration Building located at 111 North Powell Pkwy (Hwy 5) Anna, Texas, to hear
public comment regarding amendments to the City's Comprehensive Plan, the City's
zoning map, and the City's Zoning Ordinance. The public hearing will respectively
concern the City Council's consideration of an ordinance described as follows:
• 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. The property is currently zoned as Agriculture (AG) zoning.
The owner is requesting a zoning change to Single Family Residential (SF-60)
District zoning. The property is located at East Fork Estates Block A, Lot 5-R1,
5-R2 and 5-R3, containing approximately 5.0 acres.
Copies of the rezoning request, including a map of the property generally described
above, are available for review during regular office hours at the office of the City
Secretary, Anna City Hall, at 111 N. Powell Parkway, Anna, Texas. Written comments
on the zoning requests/changes are welcomed and will be accepted until the time of the
public hearings and may be presented at the hearings. Speakers at the hearings will be
heard according to their order on a listing to be established for such purpose by the City
Secretary.
CITY OF ANNA, TEXAS
ORDINANCE NO.
East Fork Estates Lots 5-RI, 5-R2, and 5-R3, Block A
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 PROPERTIES AS DESCRIBED HEREIN; PROVIDING FOR
SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST
PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the owner of the property described in Exhibit A attached hereto has requested a certain
zoning for said property; and
WHEREAS, the Planning and Zoning Commission of the City of Anna and the City Council of the City
of Anna have given the requisite notices by publication and otherwise and have held the public hearings
as required by law and afforded a full and fair hearing to all property owners generally and to all persons
interested in and situated in the affected area and in the vicinity thereof, the City Council of the City of
Ai -ma has concluded that the Zoning Ordinance of the City of Anna should be amended as follows:
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS:
Section 1. The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by changing
the zoning of the tract described in Exhibit A, attached hereto and made an integral part of this ordinance,
from Agriculture (AG) zoning to Single Family Residential (SF-60) District zoning.
All provisions of the Single Family Residential (0E-60) District in the existing City of Anna
Zoning Ordinance are applicable to the tract and any uses of the tract.
Section 2. The official Zoning Map of the City of Anna shall be corrected to reflect the change in zoning
described herein.
Section 3. All ordinances of the City of Anna in conflict with the provisions of this ordinance are
repealed to the extent of that conflict.
Section 4. This Ordinance shall take effect immediately from and after its passage and the publication of
the caption of said ordinance as the law in such case provides.
PASSED by the City Council of the City of Anna, Texas, this day of , 2012.
ATTESTED: APPROVED:
City Secretary, Natha Wilkison
Mayor, Mike Crist
EXHIBIT A
East Fork Estates
Lot 5 — Rl, 5-R2, and 5-R3, Block A
SITE
210
2
1
i
i
i
Council Meeting: October 23.2012
Account Code #: N/A
N/A
Item No. I0
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: 10/18/12
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: (a) Public Hearing - To consider public comment on a request by
Wan Kim, owner of property, to change zoning from Single Family Estates (SFE) to
General Commercial (C2) District zoning with a Specific Use Permit to allow for an
indoor "Animal Care and indoor Kennel" facility. The property is located at 12604 Sam
Rayburn Memorial Highway (State Hwy 121).
(b) Consider/Discuss/Action adopting an Ordinance regarding a request to change
zoning from Single Family Estates (SFE) to General Commercial (C2) District zoning
with a Specific Use Permit to allow for an indoor "Animal Care and indoor Kennel"
I
acility located at 12604 Sam Rayburn Memorial Highway (State Hwy 121).
SUMMARY: This property is currently zoned as "SF-E" (Single Family Estate). When the
property was a>mexed in 2006 "SF-E" was the default temporary zoning classification. There is
an existing masonry structure on the property and an existing concrete parking lot. The Future
Land Use Plan shows this area as commercial in nature. Additionally, the property to the west is
zoned as "C-2".
With the location of this tract near the intersection of two major thoroughfares, Sam Rayburn
Memorial Highway and Farm to Market Highway 2862, and the location of other intense uses
such as a large and small animal veterinary hospital and a warehouse distribution center to the
southeast, "C-2" appears to be compatible. Additionally, an SUP was applied for an indoor
Animal Care and indoor Kennel Facility. No wastewater service is available to this site and water
service is provided by the Westminster Water Supply Corporation. Attached is a concept plan
showing the location of the building and existing parking.
PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning
Commission recommended approval of the zoning request unanimously at their meeting
October 1, 2012.
RECOMMENDED ACTION: Approval of Ordinance
CITY OF ANNA
Application for Zoning Change
Please check the appropriate box below to indicate the type of request you are
making, and provide all information required to process your request.
Verification Letter ❑
AUG�a 2��2
• NOTE: Fa ure to obtain final approval on this case within six months may constitute denial or withdrawal of
this case b Council or Staff without refund of fees. Fees required for this application established by the City of
By:
e submitted simultaneously with this application for acceptance.
Fees: Zoning *$30lus
Ins $10 per acre Planned Development -$500, plus $30 per acre I O
Specific Use - $10 per acre, Zoning Compliance Inspection - $100
Zoning Verification Letter -5100 Site Plan - 5250 one acre or less $300 more than one acre
Request Information te
Location:./.Z6o Lk 5M
*Subdivision. WA -
Existing Zoning S f-'—
*A metes and bounds description must
platted lot.
Lot No. Block No. Size of Request
Rennettekd 7.nninprAke. G2 "JiTh 51JJ0 ri
attached if the request is for: (A) a portion of a platted lot or (B) not a
Applicant/Owner Information
Key Contact W A 11 t.{ (G ((1✓( Telephone No.yyl' J V MOO FAX No.
Address dro 0
City IAh O State `r3(_ Zip Code Email OY1ld
Contact Status: (check one) A Owner 0 Representative O Tenant 0 Prospective Buyer
Mait. Eo�m
The owner's signature is required on this application and must be notarized, whether a single owner or a corporation.
This is to certify that I/We the undersigned, am/are the sole owners) of the property described above on the date of this
application, and have read and understood the Disclosure of Interest Form attached to this application, and complete
same.
Owner please print VvAW t� � K I M signature
Address o K ate �� Telephone No. 9�11- 3�3^By0D0 FAX No.
City � State Zip Code f�� 6�.�.- Email
Corporation/ParinershipJOwner }-{�/qV� q.
Address �a'�-.� w,t,p WEB Telep roh
City State Zip Code
Email
FAX No.
Notary Statement (All Signatures Must Be Notarized)
Before me, the undersigned authority, on this day personally appeared M )C.VS1N
(owner or agent name)
e to be the person whose name is subscribed to the above and foregoing instrument and acknowledged to
executed the same for the purposes and consideration expressed and in the capacity therein stated.
hand and seal of office on this � day of
Notary Public In and for the State of
My Commission Expires:
A.
CITY OF ANNA
DISCLOSURE OF INTERESTS
must be a
DISCLOSURE QUESTIONS
Do you believe that a City official* or City employee** may have a conflict of inthe
property or application referenced on the reverse side? Yes No
If so, state the name of each City official or employee of the City of Anna known by you that may
have a conflict of interest in the property or application referenced on reverse side.
C. State all information upon which you base the belief (use additional paper, if necessary).
I certify that all information provided is true and correct as of the date of this statement, that I have not
knowingly withheld disclosure of any information requested; and that supplemental statements will be
promptly submitted to the City of Anna, Texas, as changes occur.
Name of Certifying Person:
Title of Certifying Person: nP.lr'
Signature of Certifying Person:
*Mayor, City Council members, Planning and Zoning Commission members, and Zoning Board of
Adjustment members.
**City Manager, City Secretary, City Attorney, and all department heads
Re: 12604 Sam Rayburn Memorial Hiway
To whom it may concern.
I'm submitting this zoning request for "C-2" and SUP for an indoor kennel. The request to change the
zoning on my property would allow for my existing building and existing parking to be used for indoor
animal care and Kennel. The property was annexed into the and temporarily zoned SF-E.
Thank you
Wan Kyu Kim
Owner.
Please publish the attached in the legal section of the newspaper at the
earliest possible date. Please send tear sheet, publisher's affidavit, and bill
to the City of Anna.
CITY OF ANNA
PUBLIC HEARINGS ON ZONING CHANGES
A public hearing will be conducted by the City Council of the City of Anna on Tuesday,
October 23, 2012 at 7:30 p.m. at the Community Room of the Anna City Hall
Administration Building located at 111 North Powell Pkwy (Hwy 5) Anna, Texas, to hear
public comment regarding amendments to the City's Comprehensive Plan, the City's
zoning map, and the City's Zoning Ordinance. The public hearing will respectively
concern the City Council's consideration of an ordinance described as follows:
• 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. The property is currently zoned as Single Family Estates
(SFE) zoning. The owner is requesting a zoning change to General Commercial
(C2) zoning with a Specific Use Permit to allow for an indoor "Animal Care and
Kennel" facility. The property is located at 12604 Sam Rayburn Memorial
Highway (State Hwy 121).
Copies of the rezoning request, including a map of the property generally described
above, are available for review during regular office hours at the office of the City
Secretary, Anna City Hall, at 111 N. Powell Parkway, Anna, Texas. Written comments
on the zoning requests/changes are welcomed and will be accepted until the time of the
public hearings and may be presented at the hearings. Speakers at the hearings will be
heard according to their order on a listing to be established for such purpose by the City
Secretary.
CITY OF ANNA, TEXAS
ORDINANCE NO.
12604 Sam Rayburn Memorial Highway (Hwy 1211
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 PROPERTIES AS DESCRIBED HEREIN; PROVIDING FOR
SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST
PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the owner of the property described in Exhibit A attached hereto has requested a certain
zoning for said property; and
WHEREAS, the Planning and Zoning Commission of the City of Anna and the City Council of the City
of Anna have given the requisite notices by publication and otherwise and have held the public hearings
as required by law and afforded a full and fair hearing to all property owners generally and to all persons
interested in and situated in the affected area and in the vicinity thereof, the City Council of the City of
Anna has concluded that the Zoning Ordinance of the City of Anna should be amended as follows:
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS:
Section 1. The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by changing
the zoning of the tract described in Exhibit A, attached hereto and made an integral part of this ordinance,
from Single Family Residential (SF-E) to General Commercial (C2) zoning with a Specific Use Permit to
allow the operation of an indoor "Animal Care and Kennel" facility. The Specific Use Pen -nit shall
include the following components.
1. Indoor Animal Care and Indoor Kennel facility as an allowable use of the Property.
2. All other provisions of the C-2 General Commercial District in the existing City of Anna Zoning
Ordinance are applicable to the tract and any uses of the tract.
Section 2. The official Zoning Map of the City of Anna shall be corrected to reflect the change in zoning
described herein.
Section 3. All ordinances of the City of Anna in conflict with the provisions of this ordinance are
repealed to the extent of that conflict.
Section 4. This Ordinance shall take effect immediately from and after its passage and the publication of
the caption of said ordinance as the law in such case provides.
PASSED by the City Council of the City of Anna, Texas, this day of , 2012.
ATTESTED: APPROVED:
City Secretary, Natha Wilkison
Mayor, Mike Crist
Exhibit A
Ole
e,�;�9:_
CJtia'`
ee
0_
POINT 0%
BEGINNING
0.542-ACRES �-y
i
TRj2�Ry�
76
l " = 40'
Adjoiner
Vol. 5305, Pg. 2724
F/ELO NOTES
Dated.• Novemberl0, 200T
0°0 OJ\ac�
5
Adjo/ner
3235, Pg. 715
o° '
Adjoiner
vol. J2J54 Pg. 715
dLHITE `� 26 61
50
D Paz 9
v.u.y vb.• t� �ezn
9472 66-6140_7251
URVEYING INC
JOB N0. 071241
Sl7•UATED in the Sate of Texas and County ofCollin, being part of the Samuel Craft
Survey, AGstrad No. 165, being a 0.541 acre hart as reoorded on Volume 5716, Page
3246 ofthe Land Records ofCollin County, Texas, said premises being more pe iculariy
described as follows:
BEGINN/NG at a f/Z inch iron red found marking the southwest comer ofsaid premises,
sa/d oomerbeing in the south right-of-way line of State Highway No. 121;
THENCE with said road and the west line of saidpremises, North 51 34100" East
184,28 feet to a 112Inch iron rod found marking the northwest comer of said premises,•
THENCE departing said road and with the north line ofsaid premises, South
35 08%/0" East, 136.66 feet to a capped iron rod set marking the northeast comer of
sa/d premises;
THENCE with the east line ofsaid premises, South 48 22'00" West, 150.84 feet to
an capped iron rod set marking the southeast comer ofsaid premises;
THENCE witfi Ode south line of saidpremises, North 48 3234" West, 147,16 feet to
the place of beginning and containing 0.542 acres of land.
CER77F/CATION
To: Stewart TiOe Company
1 hereby cerfify that Orin survey was made on the ground as per the field notes shown on
Oris survey and is lore, coned and accurate as to the boundaries and areas oflhe subject
propertyand ifshown Ore locrOon and type ofbulldings and other visible improvements
Orereon, Nany, and as to the o0rer matters shown hereon, and correctly shows the
T:.'`"�locahon of all visible easements and rfghts-of-way of which l have been Informed ofby
.f;;•'. Affecommitrmentorsurveyrequestorother sourc%effectingthe subject property.
n r'JoelWilhi
Registered Professional Land
,.� Surveyor, No. 5190
td NOTE f) Source bearing is based on the plat recorded in Vol5716, Pg. 32462) CM=
Controlling Monuments. 3) Surveyors seal WY appearin red ink on original survey plats.
4) This Survey was performed wi0r the benefit of title commitment No. 313070051 dated
Oct 31, 2007 and supplied by Stewart Title, 5) Easement to Westminster Water Supply
recorded In Vol. 5005, Page 2552 is a blanket easement
2862
2862
513
Council Meeting: October 23, 2012
Account Code #:
Budgeted Amount: $57 000
Item No. 11
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: City Manager
Exhibits: X Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving a General
Engineering Services Task Order for a Water and Wastewater Impact Fee Update & Development of
Roadway Impact Fees.
SUMMARY: With the expected construction next year of the water and wastewater system
improvements that were recently reviewed by the City Council, it will be necessary to add those projects
to our impact fee capital improvement plan and to update the studies upon which the impact fees are
based. Chapter 395 of the Texas Local Government Code outlines a very specific process for developing
and updating municipal impact fees. Our consulting engineer has submitted a proposal to perform the
required engineering studies for $35,000. Money to pay for the studies will be charged to the general
water and wastewater impact fee accounts.
In addition to water and wastewater impact fees, Texas cities are also allowed to charge roadway impact
fees. While the City of Anna does not currently charge roadway impacts fees, the Council has previously
expressed an interest in performing the required engineering study that would allow the Council to make a
determination on charging roadway impact fees. The roadway impact fee study would cost $22,000.
Money to pay for the study would be charged to the Oak Hollow roadway capital improvements account.
While it currently has a balance of only $15,000 it is expected to grow as new homes are constructed in
Oak Hollow Phase 5 and the future Phase 6. The Oak Hollow roadway capital improvement fee is $500
per house paid at the time a building permit is issued.
The attached engineering task order also includes a proposal to perform a roadway proportionality study
for the city's extra -territorial jurisdiction (ETJ). This is similar to a road way impact fee study for
properties in the ETJ. Unlike water and wastewater impact fees, the City cannot charge roadway impact
fees for development that occurs outside the City Limits. The proportionality study would help the City
evaluate proportional impact of ETJ development on the city's roadway system. State law requires that
any exactions required of a developer must be "proportional" impact on the city's infrastructure systems.
The cost of this study would be $22,000.
RECOMMENDATION: Since funds in the roadway capital improvement account are limited, Staff
recommends that the City Council approve the attached Resolution that authorized the water and
wastewater impact fee update and the roadway impact fee study only. We would not fund the ETJ
proportionality study at this time.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE
CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A GENERAL
ENGINEERING SERVICES TASK ORDER FOR WATER AND WASTEWATER IMPACT
FEE UPDATE & DEVELOPMENT OF ROADWAY IMPACT FEES
WHEREAS, the City Council ("City Council") of the City of Anna, Texas ("City") has
determined that the City is need of hiring an engineering firm to provide general engineering
services to assist the City in its governmental functions to benefit the health, safety and
welfare of the citizens and the general public; and
WHEREAS, the City Council has previously determined, based on submissions received
from various engineering firms, that the most highly qualified provider of such services on
the basis of demonstrated competence and qualifications was Birkhoff, Hendricks & Carter,
L.L.P.; and
WHEREAS, with the growth that is now occurring in the city, it will soon be necessary to
update the City's water and wastewater impact fees;
WHEREAS, the City Council has ask for the opportunity to review a roadway impact fee
program; and,
WHEREAS, staff has received a Task Order from Birkhoff, Hendricks &Carter, L.L.P., for a
Water and Wastewater Impact Feet Update & the Development of Roadway Impact Fees;
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. Approval of General Engineering Services Task Order.
The City Council hereby approves the General Engineering Services Task Order for Water
and Wastewater Impact Fee Update &Development of Roadway Impact Fees (within the
current City Limits) attached hereto as Exhibit 1, and authorizes, ratifies and approves the
City Manager's execution of same with the exception of program "C" - Development of a
Roadway Proportionality Study (within the current City ETJ). The City Manager is hereby
authorized to execute all documents and to take all other actions necessary to finalize, act
under, and enforce the Task Order.
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 23`d day
of October, 2012.
ATTEST:
Natha Wilkison, City Secretary
Mayor, Mike Crist
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2
............
BIRKHVt t, HENDRICKS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS
11910 Greenville Ave., Suite 600 Dallas, Texas 75243
JOHN W. BIRKHOFF, P.E.
GARY C. HENDRICKS, P.E.
JOE R. CARTER, P.E.
PAUL A. CARLINE, P.E.
MATT HICKEY, P.E.
ANDREW MATA, JR., P.E.
JOSEPH T. GRAJEWSKI, III, P.E.
Mr. Philip Sanders
City Manager
City of Anna
111 North Powell Parkway
Anna, Texas 75409
Fax (214) 461-8390
October 2, 2012
Phone (214) 361-7900
Re: General Engineering Services —Task Order
Water and Wastewater Impact Feet Update & Development of Roadway Impact Fees
Dear Mr. Sanders:
In accordance with your request and our existing general engineering services agreement, we are pleased to
submit this General Services Task Order letter for services related to:
A. Water and Wastewater Impact Fee Update
B. Development of Roadway Impact Fees (within the current City Limits)
C. Development of a Roadway Proportionality Study(within the current City ETJ)
GENERAL PROJECT DESCRIPTION
This project generally consists of:
A. Assisting the City with the update of their existing water and wastewater impact fees. The water and
wastewater impact fee update will be prepared in accordance with the requirements of Texas Local
Government Code Chapter 395. The general project scope includes project scheduling; development
of the updated water and wastewater 10-year capital improvement plan; determination of the standard
living unit equivalents (LUE's); calculation of the 10-year LUE growth and calculation of the
maximum water and wastewater impact fee. The City of Anna will be responsible for the
development of the impact fee land use assumptions.
B. Assisting the City with the development of Roadway Impact Fees in accordance with the requirements
of Texas Local Government Code Chapter 395. The general project scope includes project
scheduling; development of the roadway service areas; development of the 10-year capital
improvement plan; determination of the standard roadway service unit; calculation of the 10-year LUE
growth; and calculation of the maximum roadway impact fee per service unit for each service area.
The City of Anna will be responsible for the development of the impact fee land use assumptions.
Mr. Philip Sanders
General Services Task Order:
Water and Wastewater Impact Fee Update; Roadway Impact Fees; Roadway Proportionality Study.
October 2, 2012
Page 2 of 9
C. Assisting the City with the development of Roadway Proportionality Study within the City's current
Extra Territorial Jurisdiction (ETJ). The Roadway Proportionality Study will be prepared in
accordance with the requirements of Texas Local Government Code Chapter 395. The general project
scope includes project scheduling; development of the roadway service areas within the ETJ;
development of the 10-year capital improvement plan within the ETJ; determination of the standard
service unit; calculation of the 10-year service unit growth in the ETJ; and calculation of the roadway
proportional cost for each service unit within each service area of the ETJ. The City of Anna will be
responsible for the development of the land use assumption within the ETJ for this proportionality
study.
SCOPE of SERVICES
A. Water and Sewer Impact Fee Update
I. Proiect Orientation/Scheduling
This work program is designed to Update the Water and Wastewater Impact Fees for Anna
as prescribed by Chapter 395 of the Texas Local Government Code. There are three major
professional disciplines in this process: (1) planning; (2) engineering; and (3) legal. Each
perform specific tasks in preparing required documentation, information and ordinances.
The Consultant will meet with the City staff, City Planning Department (or Consultant),
the City's Attorney and others that will participate in the process. The purpose of the
meeting will be to establish schedules, coordinate work efforts, ensure all work products
are in acceptable formats, and discuss related program issues. The Consultants will discuss
the various aspects of the project, identify policy issues which may need to be addressed,
and discuss options and specific requirements of the state statute. After this discussion, the
consultant will prepare a schedule which will set completion dates for each task. The
entire process is expected to take from six to nine months to complete.
In accordance with state law, an advisory committee must be appointed to review and
comment on all work products related to the impact fee program. The City has several
options, but most cities in Texas are appointing the Planning and Zoning Commission as
the advisory committee for impact fees. The Consultants will also meet with the advisory
committee to inform theirs of their role in the process.
Texas American Public Works Association 2010 Awardee
Environmental Project of the Year $10 - $100 Million
l:\city admin\administration\natha\city council\city covncil\2012\]0-23-i2\item 11 -general engineering services task orderGtem I I -impact fee resolution exhibit Ldocx
Texas Finn F526
Mr. Philip Sanders
General Services Task Order:
Water and Wastewater Impact Fee Update; Roadway Impact Fees; Roadway Proportionality Study.
October 2, 2012
Page 3 of 9
II. Preparation of Land Use Assumptions (Sv Anna Planning Dept. or Consultant)
The Capital Improvement Plan (CIP) is required to be based upon a set of adopted Land
Use Assumptions (LUA) which includes a "description of the service area(a) and
projections of changes in land use, densities, intensities, and population in the service area
over at least a ten-year period, including:
• Determination of Planning Boundary;
• Determination of service area(s) for each capital facility;
• Ten-year growth projections; and
• Discussion of an ultimate or "build -out" development scenario.
The preparation of the LUA should be based on the recommendations contained in the
Comprehensive Plan. Where possible, the consultants will utilize data generated during
the City's comprehensive planning process.
1) Create Impact Fee Service Zones
The City Planner will work with the Engineering Consultants to develop service zones
for the City and any applicable ETJ where Impact Fees may be applied. Once the
zones have been agreed upon, the Engineer will prepare service zone maps suitable for
publication as part of the statute requirements.
2) Prepare Existing Land Use Assumptions Database
The City Planner shall prepare the existing land use data base, population and
employment estimates in a format suitable for use in the impact fee program. The
information will be presented in tabular form with an explanation of the methodology
in a technical memorandum for initial discussion purposes.
3) Prepare Ten -Year Growth Assumptions
a) The City Planner will prepare ten (IO) year growth projections by acres, and other
categories as required by the Project Engineer, for the service zones as delineated
in 1) —Create Impact Fee Service Zones. The growth projections will be
coordinated with the City's Comprehensive Future Land Use Plan. The
projection will be presented to the City with alternate growth scenarios. The City
Texas American Public Works Association 20I0 Awardee
Environmental Project of the Year $10 - $100 Million
I:\city admin\administration�natha\city council\city council�2012\10-23-12Utem 11 -general engineering services task order4tem I I -impact fee resolution e�ibit l.docx T2XQS FZY771 F.526
Or. Philip Sanders
General Services Task Order:
Water and Wastewater Impact Fee Update; Roadway Impact Fees; Roadway Proportionality Study.
October 2, 2012
Page 4 of 9
Planner will recommend a preferred growth assumption based upon applicaty
for calculating impact fees.
b) Ultimate or holding capacity projections will also be prepared, as necessary.
Projections will also be made for housing units and other categories as requested
by the Engineer.
c) The projections will be presented to the staff in the form of a technical
memorandum for initial discussion purposes.
4) Land Use Assumption Report
After the Advisory Committee has reviewed the preliminary recommendations made
by the City Planner, a summary report suitable for meeting the requirements of
Chapter 395 will be prepared by the City Planning Dept. or Consultant with assistance
by the Engineer. The document will include:
a) Service Zone Maps
b) Documentation or Methodology for:
• Existing land use compilation
• Ten-year growth projections
• Ultimate/holding capacity determinations
c) Land use, population and employment assumption tables) showing the above
projections.
III. En�ineerinra Water and Sewer Impact Fee Analysis
1. Impact Fee to include City's waterlines, City's pump stations, City's ground storage
reservoirs and City's elevated storage tanks, wastewater collection lines, lift stations
and wastewater treatment plant.
2. Review the water and wastewater capital improvement projects included in the last
impact fee report and summarize the current status of the program along with a
comparison of actual project cost to the estimates used.
3. Review, update, and add where necessary, capital projects eligible for recovery in the
impact fee program.
Texas American Public Works Association 20I0 Awardee
Environmental Project of the Year $10 - $100 Million
l:\ciTy admin\administration�natha\city council\city council�2012\10-23-12Utem 11 -general engineering services task order\item 11 -impact fee resolurion exhibit Ldocx TBXQS F'IYIY! F526
Or. Philip Sanders
General Services Task Order:
Water and Wastewater Impact Fee Update; Roadway Impact Fees; Roadway Proportionality Study.
October 2, 2012
Page 5 of 9
4. Develop impact fee models for the years 2013 and 2023 based on population and land
use absorption provided by the City. Impact fee models will be compared to the build
out model to determine excess capacity in impact fee waterlines.
5. Development of a 10-year capital improvement program including opinions of
probable costs and implementation schedule. The 10-year capital improvement
program will be based on land use and growth assumptions provided by the City of
Anna.
6. Inventory new and existing water and wastewater projects eligible for the impact fee
program.
7. For each project identified, analyze the capacity currently utilized, total capacity
available, the capacity utilized over the impact fee period.
8. Review of the existing living unit equivalent (LUE) for the impact fee. Update water
meter equivalency based on latest AWWA Standards.
9. Calculate the water and wastewater impact fee based on the list of projects eligible for
recovery, actual construction cost of existing projects, projected cost of projects on the
0-year C.I.P, living unit equivalent and the utilized capacity of the facilities during
the 10-year period.
10. Complete a water and wastewater impact fee report that includes Land Use
Assumptions, schedules, opinions of probable costs, capacity tabulations, and capital
improvement program exhibits.
11. Coordinate information and findings with city staff.
Z.
Attend meetings to discuss project approach, project identification, study findings,
interim reports and final conclusions and recommendations.
13. Attend Advisory Board meeting(s), City Council meetings) and Public Hearings.
14. Establish schedule for adoption of fee by Council.
15. Complete an audit of the Impact Fee Program from records provided by the City. The
audit will include fees collected, interest income, interest expense and actual dollars
expended on projects, including construction, design fees and right -of --way.
Texas American Public Works Association 2010 Awardee
Environmental Project of the Year $10 - $100 Million
I:\city admin\administration\natha\city council\city council\2012\10-23-12\item I I -general engineering services task orderGtem 1 I -impact fee resolution exhibit l.docx TEXAS f''IY]Yl F526
Mr. Philip Sanders
General Services Task Order:
Water and Wastewater Impact Fee Update; Roadway Impact Fees; Roadway Proportionality Study.
October 2, 2012
Page 6 of 9
B. Development of Roadway Impact Fees (within the current City Limits)
See Lee Engineering Subconsultant Agreement with BHC, dated October 2, 2012, Task 1 Scope of Services —
Roadwav Impact Fees, attached hereto and marked Exhibit A .
C. Development of a Roadway Proportionality Study(within the current City ET,n
See Lee Engineering Subconsultant Agreement with BHC, dated October 2, 2012, Task 2 Scope of Services —
Proportionali _ in ETJ, attached hereto and marked Exhibit A .
D. Deliverables
1. Deliver five copies of preliminary impact fee report for City review.
2. Prepare and deliver one unbound original copy of the final Impact Fee Update. Each
report will be capable of reproduction by the City.
3. Provide 25 copies of final impact fee report (bound).
4. Deliver electronic files of the report material in MS Office 2010 format.
5. Present the findings to the City staff, Impact Fee Advisory Committee and/or City
Council,
COMPLETION SCHEDULE
The Project Schedules are attached hereto and made a part of this Task Order as "Exhibit B —Water and
Sewer Impact Fee Update Schedule"; and "Exhibit C — Roadway Impact Fee and Proportionality Study
Schedule".
FEE NOT TO EXCEED AMOUNT
A. Water and Wastewater Impact Fee Update
For Part AServices — Water and Wastewater Impact Fee Update, administrative support for Parts B
and C; and Part D- Deliverables described above, the engineer shall be compensated on a salary cost
basis times a multiplier of 2.35, with expenses at actual invoice cost times 1.10. Automobile mileage
for special services will be invoiced at $0.50 per mile. On this basis, fees shall not exceed $35,000,
for Part A Water and Wastewater Impact Fee Update, administrative support for Part B and C; and
Part D- Deliverables.
Texas American Public Works Association 2010 Awardee
Environmental Project of the Year $10 - $100 Million
I:\city admin\administration\natha\city council\city council12012\IO-23-12Gtem 11 -general engineering services task orderUtem I I -impact fee resolution exhibit l.docx TE.xQS F117Y1 FS26
Or. Philip Sanders
General Services Task Order:
Water and Wastewater Impact Fee Update; Roadway Impact Fees; Roadway Proportionality Study.
October 2, 2012
Page 7 of 9
B. Development of Roadway Impact Fees (within the current City Limits)
For Part B Services — Development of Roadway Impact Fees, the engineer shall be compensated
based on actual sub -consultant invoice amount as submitted by Lee Engineering, times a multiplier of
1.0. On that basis, fees shall not exceed $22,000.
C. Development of Roadway Proportionality Study(within the current City ET,1)
For Part C Services — Development of Roadway Proportionality Study within the current City ETJ,
the engineer shall be compensated based on actual sub -consultant invoice amount as submitted by
Lee Engineering, times a multiplier of 1.0. On that basis, fees shall not exceed $15,000.
D. Lee Engineering Additional Services (as provided in Exhibit A) shall not exceed $3,000
Total Amount Not To Exceed (Parts A, B, C & D):
$75,000
If this General Engineering Services Agreement Task Order meets with your approval, please sign and return
one set to our office along with your directive to proceed. We look forward to working with you on this
important project for the City of Anna and are available to discuss this task further at your convenience.
Sincerely yours,
Gary C. Hendricks, P.E., R.P.L.S.
APPROVED FOR THE CITY OF ANNA, TEXAS
Mr. Philip Sanders, City Manager Date
cc: Mr. Clark McCoy, Wolfe, Tidwell &McCoy, L.L.P.
Texas American Public Works Association 2010 Awardee
Environmental Project of the Year $10 - $100 Million
l:\city admin\administration\natha\city council\ciTy counci1L012\IO-23-12Gtem 11 - general engineeong services task orderGtem l l -impact fee resolution exhibit l.docx
Texas Firm F526
Or. Philip Sanders
General Services Task Order:
Water and Wastewater Impact Fee Update; Roadway Impact Fees; Roadway Proportionality Study.
October 2, 2012
Page 8 of 9
Exhibit B —Water and Wastewater Impact Fee Update —Project Schedule
Task
2012
2013
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Jul
Award Contract
Gather Data
Land Use Assumptions (By City of
Anna)
Develop Impact Fee CIP
Land Use Assumptions & CIP to
Advisory Committee
Calculate Updated Impact Fee &
Present to Advisory Committee
Public Notice and Public Hearings for
Land Use Assumptions, CIP and
Updated Impact Fee
Te_ras American Public Works Association 2010 Awarrlee
Environmental Project of the Year $10 - $Z00 Million
1:\city admin\administration\natba\city council\city council\2012\I0-23-12Gtem I I -general enaineerin� services task order\item I1 -impact fee resolution exhibit Ldocx T2XQS F'll"771 F.526
Mr. Philip Sanders
General Services Task Order:
Water and Wastewater Impact Fee Update; Roadway Impact Fees; Roadway Proportionality Study.
October 2, 2012
Page 9 of 9
Exhibit C -Roadway Impact Fee and Proportionality Study -Project Schedule
Task
2012
2013
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Jul
Award Contract
Gather Data
Land Use Assumptions (By City of
Anna)
Develop Roadway Impact Fee Service
Areas
Develop 10- ear Impact Fee CIP
Land Use Assumptions & CIP to
.Advisory Committee
Calculate Roadway Impact Fe &
Proportionality Study & Present to
Advisory Committee
Public Notice and Public Hearings for
Land Use Assumptions, CIP and
Updated Impact Fee
Texas American Public Works Association 20I0 Awardee
Environmental Project of the Year $10 - $100 Million
I:\city admin\administration\natha\city council\city council\2012U 0-23-12Gtem I I -general engineering services task orderGtem I I -impact fee resolution exhibit l.docx TBXQS FIYT71 F526
E�chibit A
343Q.18J FREEWAI'
sUiE 1130
OALLAS, TEXAS 75234
972(24$-3006 FAX 372J248-3855
TALL FREE 86AI298-3�ip6
_I .
Qcttilez G, 2t112
Ivlr. Gary Hendricks, P.E.
Birkhoff, Hendricks & Carter,. LLP
11910 Greenville Ave... Suite 600
Dallas, TX 752.43
Re; City afAnn..(1 Roadivoy Impact :Fee Study
Dear IVIi•. l=lel�dricks.;
fee Eiigiiieering. is ;pleased to suUliit this proposal to pro�Jitle professiviaal. traffic eligineeriug
services for Birkhoff, Hendricks & Garter. This proposal is erBased oil our understaadina of the
needs of tli s:project. Ifaccepted, tliis letter will..%;e aii agreement bettveen_Birkhciff, Hendricks. &
Carter (BHC), LLP and:Lee,Engicieering; LLt✓ (L.EE} to provide fhe.serviees outlined in tt e Scope
of Services lielow
PR:OJ;ECT I1ND�i<2STANI3TN�
.It is oui� undeistandirig that fire Cit�r of Anna is developing. W�tel°, 'W�sfervater and Roadwajt
Impact. Fee$ az d. is Interested In for roadways in their EI.r. Lee
EliOne
eriiig will provide: the necessary technical sripport. and data. for develop ng the roadway
impact fees and propoitioiiality, tivhile B lC will. be deyelop in thew etand wastewater impact
fees. VVe tiridelstaiid tliattlie City ofArlrta mid/or BHC will generate the land use, population, and
einplo3�riletit faro ections as ixTell as tax credit IiifollllEi on for use in this project:
TASK 1 SC.CIf'E OF SI1TtVI+CES — RCi.ADWAY `IMPACT I+l1ES
Taslx f.1- Pt•vj.eet lntlatciii
LEI; will meet with the Cit3, antl BHC to gatlaer.data, discuss Iiiethodologies; and ce�Iifirnl.l3l�oject
scliedille: Prior to .this nieeiiig, tyre twill �athei`itifciriilatioi ai�..tlie izIost recent.legal.recl�iiren�ents
for roadway impact fees and methodologies drat liaye. l�celi. s�Icce.ssftilly :iniplej-tented in o. r
cities.
Task 1:2 -Data Collection
LEE twill. collect available Luse ii�ap,, �lenir�gtaphc, aiid roadtva}= project: iiatit (#liaiougt3fare plan
alid cross-sectioli staadards)Iirot�ided by t11e City andtor Bl'IC. V1je will.also corriplete an,iiiveiitory
tifthe +e�xisthig. arterial and collector roadways and compile the data for use fil i is project.. LEE tk°ill;
identify any additional data needs and gather the information,i`equi ed,.
Vasic 143 — Develop Service Al*eas
I,EE will review hay. fies. urvey 4ones and map of the City of tuma and identify possible service
areas. The .goal in developing the seirVi.ce area boundaries will be to make the service .areas as
large :as. allowed by State .law=arid to share iriajor projects between service areas where possible.
We will reviewthese boundaries With BBC and. Czty..Staff to: identify any.zecluired. modificat ons.
At dais time we allttc pate ysilag up to three (3} serVic.e areas for €he City of Anna.
Tasl� l.� - Ilxistiiig Land Uses azrci Rtiadtvays.
�'e ��ilf review flee existing land use data prcar�ided by the City of AiiEa arieilo"Bi-lC and. compile°it
into a. format for use in developing the roadway impact fees. The number- of vehicle trips
generated by the existing land. uses: and average trip Iengths, if necessary, will be calculated.
Taslt 1;S - Review Grci�vtlt ,Assuizzptxazzs
f.EE wifl re�rie�v p��ojeote�i land:�tse, ptapulatioaz and enzpfoyrrrezat data ar�d identify zaery Plvl peak
ltoui trips aziet. vehicle�raiifcs :of travel, if necessary, that will be generated ii2:fihe.next. 10 ye:ars:arid
at ultimate build -out of the City.
'i'�si�;1,6-)L2evie�v ].Q-yeaz Roailicay Iznlrrovetn�eiit P;'t�jeets
;f,Els wilt review ilze propiaseci.l0-3Teairoad��ay iiaapao�reazieaif plan to ensuie:#hat projected traffic
eleniands will .be served. r5iiy modifications or additions to the plan to meet proieted. deiiiarrds
will be ident Red by I EE, Only projects.tliaf are eligible faz- roadNvay-inxpact fee fitndiiig �Nri11 be
noluded. Clther.eligible :prpJects such as,tt°affic signal installations aizcl reeoupnient:projects will
also be identified.
Iitfortrsafiota on tlae i��ad�vay irnprovezaieitt projects aztcludizigl.ocatort, east;: and lengtlx �vitl be
pzovzded by Ct reviewed i tlrBHA, the data: will be compiled and assagned;to service areas fur
ttse in calculating roc 4xvay impact fees.
Tasl� l .7 - Revelal SearYiee -Uixif Gezzex!aticzxl Ra#es
LEE will. use. existing land use data:�arzd;tie gzawtlr assurnptaons to develop service ttttit gez�e�ation;
eta atncteI existuag 1 m yea;; . n: z .build-ouf (ultiataatej coiaditiotts. A. e►viee Linn:Ecitti raleney
table witl be developed from this data:
Task 8 Calcitlale.fVlax..riiiut Fee Per:Sez-crce Unit
Bisect.. ora the project cost .data, projected grou��flt data; servtce.unit ecluivalerxts, and credits for taxes
generated ly rieiv ttevelopfnez�f (if applied},.a niaxtxiuzxi:f'ec pei- service u3art:tivill lie calculated fo
:each service 'area. If cirlezrlrtTerl;. the rrrrrarrttl of;flr alit Evil! be supplied by lire C`iij> of Anrrr
xr'iirlta1.0B CI if the tax credit is:not applied, the ziaa ii�za;azz fee pez service unit. �vil1 be 50 PP Wit
4fthe total projected cost crf zzrpletlientz� g ttae capital itnpro�reYnents plan:::
'i"aslc l;g - Doci�cnentatiou
LEE. w111 provide PreliininaryRoadway Impact Fee text that docutazentts the study procedures and
results for. the City and BHC to: revi'e v. After incozporatiizg.ievie v coninzeizts,.we wi11. provide up
to 10 Bard copies and an electronic copy of the Final.Draft Roadway Impact rice for inclusion In
the BHC impact fee report or as a. standalone document: Upon approval of the roadlWay impact
fees; LEE will provide the Filial Roadway Impact Fee text in up to 1.0 hard copies and electronic
fotniat.
'i'a,sic.1:10 — Pu111icMeefirtgs
ire Have ineltuietl.l�articipatiori i#z four (4) .pub.3 is ineetirigs �ritli fhe impact fee advisory cornnttee
arzd City Cozunc l as j�art of Ili s process. Additional public meetings Vtrrll be considered Beyond
the scope of this agreehient and will be billed as additional work.
TASK 2 SCOPE Qua' S�RVICC s � PRC3Pf)RTIiQNAIJIT'� IN ETJ
Task 2.1-Project Uirdez�stai►_�izig
As .part of Task 1.1, LEIS will clisetrss the lrocedure for az�d. cozzze to an agreenteni an calctlfiating
proportionality for: the roadways in the City of Anna's ETi:
T�sk.2:2 - Data: Calleefiori
LSE ivz�l collect avaiiable:.base zxrap, demographic; end roadway project date (tizoraughfaze plan
aitd:.eross-section staizdards).pz�tiTided lay tiie City azzdlor BHC for land and roadways in the Cityof
Anna ETJ. The ih +etitory :completed as part of Task 1.2 of the existi11n arterial and collector
.oadways: will itrclude roadways in the i1 IJ of the City of Anna.
TasIc:23—.1<<Ien#.it<y"[+'uture. Lttnt3 T:Tse .anil Calc��la,t� �'i•affic lleznancl
I..EI �riii z�evie;v the eats#zizg.attti.:ftiture lanai €ise :plaits to l�ielp :identify. fiitizre tlevelopiient witliur
the City'of Anzia.ETJ: 1 e will cl scu.ss rile laud use assumptions with the City arzd/or BHC to
zdeziti,fy the final land use asstuiml tio. ns to make as part of this .l?roiect. The traffic demand. of the
futureland .uses NvIll be calculated,-
Tasli:2.4 — Obtain Proj..ectetl CQsf .foz•,ET,T 1ZciacivaVs:
T1zeprczjeeted -cost of zczat�7ay t��proveznents in the City of f�:tzzta.ET`.F will oe pro..videct b�T rite Cit1=
andior I3I�.C:O
Tasl{ 2.;5 — Doctiinetitntan
LEE will .provide a prelzninary I'zopo��tonality ,report t��hiclz. documents rite znetlia.t3o1ag3> for
calculaticiiz of the zoaciway-cost 1iez:ele�relopzrierit tzntt ri the E'T,T and-liz�o�7icle.for City and BHC to
eview, After incorporating rcV1,Qw comindmS. ive dill lilovide up to l'OL hardcopies and an
electronic, copy of the Proportionality report. Upon approval, LEE will provide tine :final.
Proportionality report in electronic. format and up to 1.0 hard. copies.
Task 2.6 —Public lYieetings
Ve have ii�clrtded par pation.in:four {4j public nleetiijgs with Uity staff as part ofthis process in
conjunction with the impact fee meetings identified in Task i.1. Additional public meetin s will.
be co+ iciered beyond the scope of this agreenient acid will be billed as additional work..
TEE ANI3 SCI;EiCDUL)C
LEE ��%ill perfoz�iz the work irrclrided above on arr iiourl basis according to the attached terms arrtl
conditions dated June. 22; 20I2 with each task not: to exceed the following amount:
Task I = $22;000.
Task 2 = $15100:0
'l:hs tivork will be perforrtaed rased-ori a sched�rle agreed upon iri Task.1.I. .A nrtrrrfhly progress
zeport N'll be provided for the duration oftlus:projeet. Adtlifiarral greetings nQt included in Task
1.10 -or 'Task 2A. as well as additional servicesnot identified :in. the Scope of Services; will be
l)erforined on an hourly basis for a fee not to exceed $3,000 without prior authorization.
If Brett Have: airy questions, please cciiltaet rrle at (972) 248-3006; We appreeiate titre oppoituirity to
sumo tus proposal and look forward to working with you on this pro0.
ject. We can begin: work
inniiediately upon receipt ofa signed cope ofthis..leter,
Sineercl5�;
Jose h "T. Short,l':,E.., PTQE
firesident.
Aceepteci
Birkloff; Herrtlieks.c�.C:ar�ter, LLP Date
Lee Eztgiiteering / � l
Terms and Conditions
3uttie 22, 2012
Additional services, as atatluarizecl by yott wall be perFortned M. the following rates:
Principal
Senior Project Manager
Project Manager
Senior Program Manager
Program Manager.
Senior Engineer
Project Engineer
Sr. Engineering Designer
1IRS System Designer
Engineering Designer
echniciali
Administrative Assistant
Secretarial
f-ligli�vay travel
Meals, lodging, air fares
Oilier Direct Expenses
TERMS ANI� CQI�DITIaP�iS:
1. Invoices will be submitted inonthly. ilk
2. Itvoices are title and payable when iNow F91111`4 oft IRAORW as
payri
$225.00/per hoar
$185,00/Per Boar
$155.00/per hoar
$185.00/per hour
i45,00/per liour
$140,00/per hour
$13 0.00/per hour
$115.00/per hour
$1 A 00/per hour
$ 90.00/per how
$ 85.00/per hour
$ 75,00/per hour
$ 50.00/per hour
IRS Allowable Rate
Quit -of -pocket costs
at cost
received fram City of Allen.
Mot
01,111
- q
root
ro
WW
VA
10
MIM %xm vrmvd� &wool MMWTX�&V� RAW..
At
.�tttl_aIl_Ir rral fPao and nn +g imn.si•vnd hi nnftnni' ..!
8. Rates are subjec# #o eluauge atutittally. Work.l�erfortued in stlbsequlcti#years will be
chorgcd.at the adjusted rates.
9. Extra copies of reports will be billed at $10.00 per copy,
104 All contracts shall be subject to the laws of the State ofena- ��
Texas
S:LstnndnrcT mte20it.dbc
n
Council Meeting: October 23, 2012
Account Code #:
Budgeted Amount: $57 000
Item No. 12
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Clayton Fulton
Exhibits: X Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding an Ordinance amending the FY 2013
Budget to fund an Impact Fee Study. (Clayton Fulton)
SUMMARY: In order to pay for the water, wastewater, and roadway impact fee studies, the FY 2013
budget will need to be amended. The water and wastewater study will be charged to the West Crossing
Impact Fee accounts. The roadway study will be charged to the Roadway Capital Improvement Fee
account. The attached Ordinance and exhibits describe the necessary budget amendments.
RECOMMENDATION: Staff recommends approval of the attached Ordinance.
CITY OF ANNA
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 592-2012 ADOPTING THE BUDGET
FOR THE 2012-2013 FISCAL YEAR BUDGET; PROVIDING FOR SAVINGS,
SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, on September 4, 2012, the City Council of the City of Anna, Texas ("City
Council"), after a duly noticed public hearing as required under Texas Local Gov't Code
§102.106, and in accordance with applicable provisions of the City of Anna, Texas
Home -Rule Charter ("Charter"), adopted a budget of all municipal appropriations and
expenditures for the 2012-2013 fiscal year; and
WHEREAS, the City is authorized to make this budget amendment by majority vote of
the City Council under Section 7.09 of the Charter;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
SECTION 1. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this ordinance for all purposes and are
adopted as a part of the judgment and findings of the City Council with respect to the
budget amendments described herein.
SECTION 2. The City Council of the City officially finds, determines, and declares that
the City of Anna 2012-2013 fiscal year budget is hereby amended with respect to its
Water and Sewer Fund (Fund No. 60) and the Road Capital Improvement Fund (Fund
73) as set forth in the original budget adopted under Ordinance No. 592-2012 by
replacing the information regarding said funds with the information relating to said funds
set forth in the attached Exhibit A, incorporated herein for all purposes.
SECTION 4. Upon adoption and execution of this ordinance, the City Secretary is
directed to attach same and its exhibits to the original City of Anna 2012-2013 fiscal
year budget in all places where said budget is filed as of public record or posted for
public inspection.
SECTION 5. If any provision of this ordinance or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this ordinance and the
application of such provision to other persons and circumstances shall nevertheless be
valid, and the City Council hereby declares that this ordinance would have been
enacted without such invalid provision.
SECTION 6. It is officially found, determined, and declared that the meeting at which
this ordinance is adopted was open to the public and public notice of the time, place,
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 1 OF 2
and subject matter of the public business to be considered at such meeting, including
this ordinance, was given, all as required by Chapter 551, as amended, Texas
Government Code.
PASSED, APPROVED, AND ADOPTED on first and final reading on this 23`d day of
October, 2012.
ATTESTED:
City Secretary, Natha Wilkison
APPROVED:
Mayor, Mike Crist
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 2 OF 2
EXHIBIT A
Water & Sewer (Fund 60), and Road Capital Improvement Fund (Fund 73) Summaries
Dpartment
Account Name
Account Object
Fy 13 Adopted
Budget
Proposed
Increase
Proposed FY 13
Amended Budget
West Crossing Water Trust
Contract Services
60-758-6703
$0.00
$17,500,00
$17,500,00
West Crossing Sewer Trust
Contract Services
60-759-6790
$0.00
$17,500.00
$17,500.00
Roadway Capital Improvement Trust
Contract Services
73-753-6703
$0.00
$22,000.00
$22,000000
R1
Council Meeting: October 23I 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No. 13
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 10-18-12
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: 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); discussion regarding the legal aspects
of Parks and Recreation Programs & Capital Improvements Program;
anticipated litigation with property owner.
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072); acquisition of park land and
acquisition of utility easements.
c. discuss or deliberate Economic Development Negotiations: (1) To discuss
or deliberate regarding commercial or financial information that the City has
received from a business prospect that the City Council 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): discussion regarding an
Economic Development Incentive Agreement for a business looking to locate
in Anna,
d. discuss or deliberate personnel matters. City Manager Annual Review.
(Tex. Gov't Code §551.074);
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.
Council Meeting: October 23, 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No. 14
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 10-18-12
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted
agenda for October 23, 2012 City of Anna Special Meeting or any Closed Session
occurring during this Special Meeting, as necessary.
SUMMARY:
RECOMMENDATION:
iLt3�,a➢�fS�v.i
Council Meeting: October 23I 2012
Account Code #: N/A
Budgeted Amount:,
AGENDA SUBJECT
SUMMARY:
RECOMMENDATION:
N/A
Adjourn.
Item No. 15
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 10-18-12
Exhibits: ❑Yes ❑ No
Staff recommends a motion to adjourn.
N
N
u7
Q
X
=U
Anna Community Christian Outreach
BUDGET
(Income Statement)
For the Twelve Month Period Ended December 31, 2013
2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013
Yr.Total Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Donations From Churches 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Main Fundraiser Sing 13200.00 0.00 300.00 0.00 0.00 300.00 0.00 0.00 300.00 0.00 300.00 0.00 0.00
Account Fundraiser Easter 300.00 300.00
Bible Donations 500.00 500.00
Private Donations Main 27400.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00
Pantry Fundraiser Meal 27800.00 17000.00 11800.00
Other Support 0.00
Private Donations Pantry 2,400.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00
Angel Tree Private Donations Angels 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total Income 97600.00 400.00 700.00 400.00 700.00 13200,00 1,400.00 400.00 700.00 400.00 700.00 21200.00 400.00
Operations
Programs
Total Expenses
Printing/postage
Other supplies
Rent
Building Elec,
Building Water
Miscellaneous
Subtotal
Bibles
Pantry Purchases
Angel Tree Purchaes
Emer. Assist
Electric
Water
Other
Subtotal
Increase in Net Assets
2013
Yr,Total
415.45
125.00
0.00
1,800,00
600.00
0.00
2,940.45
500.00
3,743.51
0.00
2,380.00
0.00
0.00
6,623.51
9,563.96
36.04
2013
2013
2013
2013
2013 2013 2013 2013
2013 2013
2013
2013
Jan
Feb
Mar
Apr
May Jun Jul Aug
Sep Oct
Nov
Dec
25.45
0.00
0.00
0.00
100.00 145.00 0.00 0.00
0.00 0.00
145.00
0.00
0.00
0.00
0.00
25.00
0.00 50.00 0.00 0.00
0.00 0.00
50.00
0.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
225.45
200.00
200.00
225.00
300.00
395.00
200.00
200.00
200.00
200.00
395.00
200.00
500.00
153.84
0.00
224.57
696.13
149.63
510.26
412.87
1,006.75
589.46
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
180.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
333.84 200.00 424.57 896.13 849.63 710.26 612.87 17206.75 789.46 200.00 200.00 200.00
559.29 400.00 624.57 1,121.13 1,149.63 17105.26 812.87 11406.75 989.46 400.00 595.00 400.00
159.29 300.00 224.57 421.13 50.37 294.74 412.87 706.75 589.46 300.00 1,605.00 0.00
Anna Community Christian Outreach
Statement of Activity
(Income Statement)
For the Twelve Month Period Ended December 31, 2012
2012 2012 2012 2012 2012 2012 2012 2012 2012 2012 2012 2012 2012
Yr.Total Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Dues 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
N Donations
(31 Main Account
Z3
C: Fundraiser Sing 300.00 0.00 0.00 0.00 300.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
W Fundraiser Meal 950.00 0.00 0.00 0.00 0.00 0.00 950.00 0.00 0.00 0.00 0.00 0.00 0.00
> N Private Donations 21600,00 200.00 200.00 200.00 200.00 700.00 500.00 200.00 200.00 200.00 0.00 0.00 0.00
Pantry 11745.08 40.00 348.88 0.00 170.00 510.00 125.00 431.20 120.00 0.00 0.00 0.00 0.00
Angel Tree 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total Income 51595.08 240.00 548.88 200.00 670.00 13210.00 11575.00 631.20 320.00 200.00 0.00 0.00 0.00
2012 2012 2012 2012 2012 2012 2012 2012 2012 2012 2012 2012 2012
Yr.Total Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Operations
Printing 170.45 25.45 0.00 0.00 0.00 0.00 145.00 0.00 0.00 0.00 0.00 0.00 0.00
Postage 100.00 0.00 0.00 0.00 0.00 100.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Supplies 177.43 53.29 0.00 0.00 25.00 0.00 99.14 0.00 0.00 0.00 0.00 0.00 0.00
N N Miscellaneous 569.52 0.00 0.00 0.00 0.00 569.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00
N Subtotal 11017.40 78.74 0.00 0.00 25.00 669.52 244.14 0.00 0.00 0.00 0.00 0.00 0.00
a) Programs
Q Pantry Purchases 31743,51 153.84 0.00 224.57 696.13 149.63 510.26 412.87 13006,75 589.46 0.00 0.00 0.00
W Angel Tree Purchaes 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Emer. Assist
Electric 3)430.76 790.84 119.81 803.91 697.47 175.73 541.06 0.00 0.00 301.94 0.00 0.00 0.00
Water 885.36 236.31 0.00 125.38 0.00 248.29 0.00 0.00 123.01 152.37 0.00 0.00 0.00
Other 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Subtotal 81059.63 1,180.99 119.81 11153,86 11393.60 573.65 11051.32 412.87 11129,76 1,043.77 0.00 0.00 0.00
Total Expenses 9,077.03 11259.73 119.81 11153,86 1,418.60 11243,17 11295,46 412.87 11129.76 1,043.77 0.00 0.00 0.00
Increase in Net Assets 3,481.95 1,019.73 429.07 953.86 748.60 33.17 279.54 018.33 809.76 843.77 0.00 0.00 0.00
N
Q)
N
N
N
N
N
C
N
Q
X
W
Dues
Donations
Total Income
Operations
Programs
Total Expenses
Anna Community Christian Outreach
Statement of Activity
(Income Statement)
For the Twelve Month Period Ended December 31, 2011
2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011
Yr.Total Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
1 0.00 0.00 0.00 300.00 600.00 300.00 0.00 0.00 0.00 300.00 0.00 100.00
Main Account
Fundraiser Sing 670.00 0.00 0.00 0.00 0.00 0.00 285.00 0.00 0.00 0.00 0.00 0.00 385.00
Fundraiser Meal 1,246.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 11246.00 0.00
Private Donations 41816,00 543.00 100.00 500.00 11000.00 386.00 100.00 200.00 100.00 11100,00 387.00 200.00 200.00
Pantry 37971.99 683.32 150.50 176.29 329.21 400.00 100.00 100.00 136.08 280.67 317.00 748.92 550.00
Angel Tree 745.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 120.00 625.00
13,048.99 11226.32 250.50 676.29 11629,21 11386,00 785.00 300.00 236.08 11380.67 11004.00 2,314.92 11860,00
2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011
Yr.Total Jan Feb Mar Apr May Jun Jul AugSep Oct Nov Dec
Printing 309.00 0.00 0.00 0.00 0.00 32.00 0.00 0.00 0.00 0.00 277.00 0.00 0.00
Postage 100.00 0.00 0.00 0.00 0.00 100.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Supplies 198.13 44.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 65.00 88.33
Miscellaneous 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Subtotal 607.13 44.80 0.00 0.00 0.00 132.00 0.00 0.00 0.00 0.00 277.00 65.00 88.33
Pantry Purchases 21994,14 288.14 318.43 300.23 153.14 169.93 520.00 519.00 503.13 128.88 0.00 93.26 0.00
Angel Tree Purchaes 967.74 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 967.74
Emer. Assist
Electric
Water
Other
Subtotal
Increase in Net Assets
4,263.34 271.22 462.93 611.93 150.00 356.07 159.13 870.96 600.00 287.87 342.81 0.00 150.42
1,400.20 0.00 0.00 84.29 0.00 161.31 178.23 102.90 156.97 292.01 275.15 0.00 149.34
916.44 0.00 0.00 0.00 0.00 763.50 0.00 152.94 0.00 0.00 0.00 0.00 0.00
101541,86 559.36 781.36 996.45 303.14 13450,81 857.36 11645.80 11260,10 708.76 617.96 93.26 11267.50
11,148.99 604.16 781.36 996.45 303.14 11582.81 857.36 1)645,80 11260,10 708.76 894.96 158.26 11355,83
1, 900.00 622.16 530.86 320.16 11326.07 196.81 72.36 11345.80 11024.02 671.91 109.04 23156.66 504.17
N
Ln
N
Q
X
W
Anna Community Christian Outreach
Statement of Activity
(Income Statement)
For the Twelve Month Period Ended December 31, 2010
Dues
Donations
Main Account
Fundraiser Sing
Fundraiser Meal
Private Donations
Pantry
Angel Tree
Total Income
Operations
Printing
Postage
Supplies
Miscellaneous
Subtotal
Programs
Pantry Purchases
Angel Tree Purchaes
Emer, Assist
Electric
Water
Other
Subtotal
Total Expenses
Increase in Net Assets
2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010
Yr.Total Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
500,00 0.00 0.00 0.00 0.00 0.00 0.00 500.00 0.00 0.00 0.00 0.00 0.00
888.41
1,223,62
5,909,28
3,301.80
686.00
12,509.11
2010
Yr.Total
0.00
0.00
0.00
20.75
20.75
2,603.18
395.99
4,863.83
881.80
31278,64
12, 023.44
1044.19
464.92
0.00 448.41 0.00 0.00 0.00 0.00 0.00 0.00 0.00 440.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 675.00 0.00 0.00 548.62
100.00 200.00 400.00 21646.48 11300.00 237.80 350.00 100.00 100.00 200.00 100.00 175.00
210.17 102.11 150.00 178.00 109.35 17110.70 135.35 107.62 170.00 120.00 361.55 546.95
38.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 648.00
348.17 750.52 550.00 2,824.48 17409.35 11348.50 985.35 207.62 945.00 760.00 461.55 11918,57
2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 20.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 20.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00
630.60 269.10 115.46 125.88 79.12 447.01 162.40 71.28 142.56 119.28 234.81 205.68
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 395.99
250.00 0.00 0.00 735.72 526.36 771.43 564.57 770.60 426.88 600.00 218.27 0.00
125.00 0.00 0.00 275.11 0.00 0.000.00 63.23 145.76 272.70 0.00
310.00 0.00 775.00 654.00 0.00 17539.64 0.00 0.00 0.00 0.00 0.00 0.00
17315,60 269.10 890.46 1,790.71 605.48 21758,08 726.97 841.88 632.67 865.04 725.78 601.67
VV I.V/
VVV.VT I LV.I V
967.43 481.42 340.46 11033.77 783.12 1;409.58 258.38 634.26 312.33 105.04 264.23 116 ,3.90