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HomeMy WebLinkAboutCCpkt2024-03-12 Work Session & Regular Meeting AGENDA City Council Work Session Tuesday, March 12, 2024 @ 5:30 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna will meet on 3/12/2024 at 5:30 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. 1. Call to Order, Roll Call, and Establishment of Quorum. 2. Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). City ordinances and regulations; compliance with state law. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions The Council further reserves the right to enter into Executive Session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 3. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 4. Adjourn. This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City’s website (www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or before 5:00 p.m. on 3/8/2024. ___________________________ Carrie L. Land, City Secretary AGENDA City Council Meeting Tuesday, March 12, 2024 at 6:00 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna will meet on 3/12/2024 at 6:00 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. Welcome to the City Council meeting. If you wish to speak on an Open Session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order, Roll Call, and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Neighbor Comments. At this time, any person may address the City Council regarding an item on this meeting Agenda that is not scheduled for public hearing. Also, at this time, any person may address the City Council regarding an item that is not on this meeting Agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this Agenda, other than to make statements of specific information in response to a citizen’s inquiry or to recite existing policy in response to the inquiry. 4. Reports. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the Agenda. a. Natural Springs Park Playground Update (Neighborhood Services Director Marc Marchand) 5. Consent Items. These items consist of non-controversial or "housekeeping" items required by law. Items may be considered individually by any Council Member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Meeting Minutes for February 27, 2024. (City Secretary Carrie Land) 6. Items For Individual Consideration. a. Consider/Discuss/Action on a Resolution authorizing the City Manager to execute a contract with Atkin Brothers Equipment Company, Inc. for the construction of the State Highway 5 Utility Relocation Project Phase 1. (CIP Manager Justin Clay) b. Consider/Discuss/Action on an Ordinance Amending Chapter 7 by adding Article 7.05 Illegal Sale of Kratom. (City Manager Ryan Henderson) 7. 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). City ordinances and regulations; compliance with state law. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions The Council further reserves the right to enter into Executive Session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 8. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 9. Adjourn. This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City’s website (www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or before 5:00 p.m. on 3/8/2024. ____________________________ Carrie L. Land, City Secretary Item No. 4.a. City Council Agenda Staff Report Meeting Date: 3/12/2024 Staff Contact: AGENDA ITEM: Natural Springs Park Playground Update (Neighborhood Services Director Marc Marchand) SUMMARY: Report item is to give an update on the Natural Spings Park Playground and the community input to be used with helping pick the design. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Natural Springs Park Playground is a Parks CIP item. An RFP was issued and bids were submitted with various designs. The Parks Advisory Board has narrowed down the designs and community will have input in the design that gets built. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Active. ATTACHMENTS: Item No. 5.a. City Council Agenda Staff Report Meeting Date: 3/12/2024 Staff Contact: AGENDA ITEM: Approve City Council Meeting Minutes for February 27, 2024. (City Secretary Carrie Land) SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: 1. CCmin2024-02-27 Work Session 2. CCmin2024-02-27 City Council Work Session Meeting Minutes Tuesday, February 27, 2024 @ 5:30 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna met in a Closed Session at 5:30 PM, on February 27, 2024, at the Anna Municipal Complex - Council Chambers, 120 W. 7th Street, to consider the following items. 1. Call to Order, Roll Call, and Establishment of Quorum. Mayor Pike called the meeting to order at 5:38 PM. Members Present: Mayor Nate Pike Mayor Pro Tem Lee Miller Council Member Stan Carver Council Member Elden Baker Council Member Pete Cain Members Absent: None 2. Invocation and Pledge of Allegiance. Done during Regular Meeting. 3. 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). State law and city ordinance requirements/compliance. Charitable organization programs and grant programs. Development finance matters. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions MOTION: Mayor Pike moved to enter closed session. Council Member Carver seconded. Motion carried 5-0. Mayor Pike recessed the meeting at 5:39 PM. Mayor Pike reconvened the meeting at 6:03 PM. 4. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. No action taken. 5. Adjourn. Mayor Pike adjourned the meeting at 6:03 PM. Approved on the 12th day of March 2024 ________________________________ ATTEST: Mayor Nate Pike ______________________________ City Secretary Carrie L. Land Regular City Council Meeting Meeting Minutes Tuesday, February 27, 2024 @ 6:00 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna met on February 27, 2024 at 6:00 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. 1. Call to Order, Roll Call, and Establishment of Quorum. Mayor Pike called the meeting to order at 6:03 PM. Members Present: Mayor Nate Pike Mayor Pro Tem Lee Miller Deputy Mayor Pro Tem Randy Atchley Council Member Kevin Toten Council Member Stan Carver Council Member Elden Baker Council Member Pete Cain Members Absent: None 2. Invocation and Pledge of Allegiance. Mayor Pike led the Invocation and Pledge of Allegiance. 3. Neighbor Comments. No comments. 4. Reports. a. Review City of Anna 2024-2025 Strategic Work Plan. (Assistant City Manager Taylor Lough) On January 24, 2023, the City Council approved a Resolution adopting City of Anna Success Statements. This action followed a workshop held on December 9 and 10, 2022, in which members of the City Council drafted seven Strategic Outcome Areas that help define Anna's future identity. Staff presented the 2023-2024 operational work plan on February 14, 2023. Memorandum 23-151 provided an update on the work plan in August 2023 and Memorandum 23-163 provided a comprehensive list of accomplishments achieved during fiscal year 2023 (October 1, 2022 – September 30, 2023). Staff provided a presentation outlining the 2024-2025 operational work plan using the adopted City of Anna Success Statements framework for City Council review and feedback. 5. Work Session. a. Review and discuss Section 3 policy and information for the City's TxCDBG Contract #CDV23-0230 and #CDM23-0231. (Assistant City Manager Greg Peters, P.E.) The City council reviewed and discussed the Section 3 presentation required for the city's TxCDBG Contracts CDV23-0230 and CDM23-0231, including employment opportunities for Section 3 low-income workers, new hiring practices, contractor outreach, and tracking work hours for all CDBG grants and contracts. 6. Consent Items. MOTION: Council Member Baker moved to approve 6.a.-c. Mayor Pro Tem Miller seconded. Motion carried 7-0. a. Approve City Council Meeting Minutes for February 13, 2024. (City Secretary Carrie Land) b. Review Minutes of the January 4, 2024, Joint Community Development Corporation and Economic Development Corporation Board Meetings. (Interim Director of Economic Development Bernie Parker) c. Review Monthly Financial Report for the Month Ending January 31, 2024. (Budget Manager Terri Doby) d. Approve an Ordinance amending Article 14.08 Rental Housing of the Code of Ordinances. (Assistant City Manager Taylor Lough) The rental registration ordinance was adopted December 10, 2019. Effective October 1, 2022, rental registration fees for single-family homes are $300 per property annually. The rental housing ordinance aims to promote greater compliance with health and safety standards and preserve the quality of Anna’s neighborhoods and available housing stock. All residential rental properties, including single-family homes, duplexes, apartments, and mobile home parks, are required to register their properties annually with the city. The proposed amendments clarify properties being rented whether for more or less than 30 days must register with the City of Anna. MOTION: Mayor Pro Tem Miller moved to approve. Council Member Baker seconded. Motion carried 7-0. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE CODE OF ORDINANCES, CITY OF ANNA, TEXAS, BY AMENDING ARTICLE 14.08 (RENTAL HOUSING), DIVISION 1 (SINGLE-FAMILY AND DUPLEX DWELLINGS); ESTABLISHING REGULATIONS FOR LANDLORDS AND OWNERS OF RENTAL PROPERTIES; OTHERWISE REGULATING RENTAL PROPERTIES; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENAL TY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND PROVIDING AN EFFECTIVE DATE. 7. Items For Individual Consideration. a. Consider/Discuss/Action approving a Resolution regarding the White & Powell, Development Agreement. (Planning Manager Lauren Mecke) The intent of the development agreement is to ensure the use of high quality, durable materials for nonresidential development within the city to create well designed and attractive architecture. Recommended for approval subject to correction of the property owner's information and signature block(s). MOTION: Mayor Pike moved to approve. Council Member Toten seconded. Motion carried 7-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT WITH WHITE AND WILLOW - ANNA, LLC AND BRIAN ROPER RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR MULTIPLEFAMILY RESIDENCE AND COMMERCIAL DEVELOPMENT LOCATED ON THE EAST SIDE OF U.S. HIGHWAY 75, 1,200± FEET SOUTH OF W. WHITE STREET. b. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to rezone 9.9± acres from Single-Family Residential (SF-7.2) District, Local Commercial (C-1) District, & Agricultural (AG) District to Regional Commercial (C-2) District and Downtown (DT) District located at the southwest corner of S. Powell Parkway and W. White Street. (Planning Manager Lauren Mecke) The applicant is requested to rezone the property to Regional Commercial (C-2) District and Downtown (DT) District zoning to allow for a retail, restaurant, office, and mixed-use development. The intent of the Regional Commercial (C-2) District is to provide medium- to largescale development of retail, service, entertainment, and office necessary for a regional market. The intent of the Downtown (DT) District is to: 1. Implement the Anna 2050 Downtown Master Plan adopted by City Council; 2. Facilitate pedestrian-oriented, mixed-use, urban infill development providing shopping, employment, housing, and business and personal services; 3. Promote an efficient, compact, and walkable development pattern; 4. Encourage pedestrian activity while reducing reliance on automobiles; and 5. Allow developers flexibility in land use and site design. Surrounding Land Use and Zoning North Industrial and Manufacturing, Heavy zoned Heavy Industrial (I-2) District East Restaurant and Postal Services zoned Local Commercial (C-1) District South Single-family dwelling, detached lot zoned Single-Family Residential (SF-7.2) District & Personal Services zoned Regional Commercial (C-2) District West Single-family dwelling, detached lot zoned Agricultural (AG) District Future Land Use Plan The subject property is located within the Anna 2050 Downtown Master Plan, situated within the Downtown Core District, and identified as a Catalyst character area. • Catalyst Areas are designated for redevelopment or new development based on its potential to spur activity, contribute to the urban fabric and to serve as a unique Downtown anchor or signature neighborhood. Investment in these areas will show confidence and commitment to Downtown and could help catalyze further economic growth in the district. Mayor Pike opened the public hearing at 6:28 PM. No comments were given. Mayor Pike closed the public hearing at 6:29 PM. MOTION: Mayor Pro Tem Miller moved to approve. Council Member Carver seconded. Motion carried 7-0. 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. (Property rezoned under this ordinance is generally located at the southwest corner of S. Powell Parkway and W. White Street) c. Consider/Discuss/Action on a Resolution approving the White & Powell, Concept Plan. (Planning Manager Lauren Mecke) Retail, Restaurant, Office, and Mixed-Use five lots on 9.9± acres located at the southwest corner of S. Powell Parkway and W. White Street. The Concept Plan is associated with the zoning case and is contingent upon approval of the zoning case. The purpose for the Concept Plan is to show the conceptual layout and related site improvements and locations associated with the future commercial development. The Concept Plan complies with the zoning district's area regulations as requested by the zoning case. The Planning & Zoning Commission recommended approval subject to approval of the zoning 6-0. MOTION: Council Member Cain moved to approve. Council Member Toten seconded. Motion carried 7-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING WHITE & POWELL COMMERCIAL ADDITION, BLOCK A, LOTS 1-5, CONCEPT PLAN d. Consider/Discuss/Action authorizing the City Manager to execute a contract with Interstate Pipeline for the construction of the FM 455 water line. (CIP Manager Justin Clay) The FM 455 water line project has been identified as a capital water line improvement project in the City of Anna's Capital Improvement Plan. It is shown on the City's Water Master Plan. Phase 1 of the FM 455 Water Improvement contract consists of over 4,200 linear feet of 12-inch water main along FM 455. The City publicly advertised the project for bid. Bids were opened on February 9, 2024. Ten bids were received. The lowest qualified bid was received from Interstate Pipeline in the amount of $762,005. Due to the rural location of the project, there are many small diameter water mains and other rural utility crossings which lack detailed plans and records. Due to this, staff recommended a construction budget of $900,000 (contingency of $137,995) to allow for unforeseen changes required during construction. Staff recommended approval. Funding for the FM455 Water Line project was appropriated in the FY2024 - 2027 Community Investment Program budget in the amount of $3.8 million from the Water Impact Fee Fund. The estimated cost of this Phase 1 construction contract is $900,000, including contingency. MOTION: Council Member Toten moved to approve. Council Member Baker seconded. Motion carried 7-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS, AWARDING THE BID FOR PHASE 1 OF THE FM 455 WATERLINE PROJECT TO INTERSTATE PIPELINE UTILITY CONSTRUCTION, LLC IN THE AMOUNT NOT TO EXCEED NINE HUNDRED THOUSAND DOLLARS AND ZERO CENT ($900,000.00); AND PROVIDING FOR AN EFFECTIVE DATE e. Consider/Discuss/Action on a Resolution of the City of Anna, Texas, authorizing the City Manager to execute a contract with Huitt-Zollars, Inc. to render Engineering, Surveyor, and Architectural Services in connection with a TxCDBG Project, Contract Number CDV23-0230-2023, known as the CDBG Riggins & Edwards Street Reconstruction (City Engineer Wes Lawson, P.E.) In 2023 the City of Anna EDC/CDC contracted with Public Management to assist the City in the application for grants for infrastructure improvements in the downtown area. The City was successful in receiving approval for two grants, including this TxCDBG Grant for improvements to Riggins and Edwards south of FM 455. The City of Anna desires to reconstruct approximately 1,800 linear feet of streets to include the southern portion of Riggins Street, Edwards Street and a street just north of Edwards Street under the general direction of the Texas Community Development Block Grant (hereinafter called “TxCDBG”) Program administered by the Texas Department of Agriculture (TDA). The City has selected Huitt-Zollars, Inc. to provide the required engineering and land surveying services in connection with the TxCDBG Project, Contract Number CDV23- 0230-2023 CDBG Riggins Street Reconstruction. Huitt Zollars, Inc. was pre-selected for roadway design in the City's multidisciplinary RFQ process. Funding for this project was appropriated in the FY2024 Anna EDC/CDC Department budget in the amount of $75,000. The City is receiving an 85/15 match from the TxCDBG Grant in the amount of $500,000. MOTION: Mayor Pro Tem Miller moved to approve. Council Member Carver seconded. Motion carried 7-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES WITH HUITT-ZOLLARS, INC. FOR THE ENGINEERING DESIGN RELATED TO THE TEXAS COMMUNITY BLOCK GRANT (TxCDBG) RIGGINS STREET RECONSTRUCTION PROJECT, IN A FORM APPROVED BY THE CITY ATTORNEY PER THE PROPOSAL SHOWN IN EXHIBIT “A” ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. f. Consider/Discuss/Action a Resolution of the City of Anna, Texas, authorizing the City Manager to execute a contract with Huitt-Zollars, Inc. to render Engineering, Surveyor, and Architectural Services in connection with TxCDBG Project, Contract Number CDM23-0231-2023 Downtown Revitalization Grant 4th Street sidewalks (City Engineer, Wes Lawson). In 2023 the City of Anna EDC/CDC contracted with Public Management to assist the City in the application for grants for infrastructure improvements in the downtown area. The City was successful in receiving approval for two grants, including this Downtown Revitalization Grant for pedestrian/sidewalk/ADA ramp/lighting improvements to 4th Street between SH5 and Riggins Street. The City of Anna desires to construct approximately 500 linear feet of sidewalks and streetlights on both north and south sides of 4th Street, from Highway 5 to S. Riggins Street under the general direction of the Texas Community Development Block Grant (hereinafter called “TxCDBG”) Program administered by the Texas Department of Agriculture (TDA). The City has selected Huitt-Zollars, Inc. to provide the required engineering/surveyor/architectural services in connection with the TxCDBG Project, Contract Number CDM23-0231-2023 Downtown Revitalization Grant 4th Street sidewalks. Huitt Zollars was pre-selected for roadway design in the City's multidisciplinary RFQ process. Funding for this project was appropriated in the FY2024 Anna EDC/CDC Department budget in the amount of $75,000. The City is receiving an 85/15 match from the Downtown Revitalization Grant in the amount of $500,000. MOTION: Mayor Pike moved to approve. Council Member Toten seconded. Motion carried 7-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES WITH HUITT-ZOLLARS, INC. FOR THE ENGINEERING DESIGN RELATED TO THE TEXAS COMMUNITY BLOCK GRANT (TxCDBG) 4TH STREET SIDEWALKS AND STREET LIGHTING PROJECT, IN A FORM APPROVED BY THE CITY ATTORNEY PER THE PROPOSAL SHOWN IN EXHIBIT “A” ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. g. Conduct a Public Hearing and Consider/Discuss/Action on a Resolution to adopt necessary civil rights and fair housing policies associated with the City of Anna TxCDBG Grants. (Assistant City Manager Greg Peters, P.E.) Approval of the Resolution is a requirement of the TxCDBG Grant Program. The City adopted the Resolution in order to receive grant funds for the two active TxCDBG projects. In 2023, the City of Anna EDC/CDC contracted with Public Management, Incorporated to assist the City in the application for and management of Community Development Block Grant funds and Texas Rural Community Loan funds for constructing roadway and pedestrian improvements in the downtown area of the City. Anna was successful in being awarded funding for both projects submitted, including: • $500,000 for the design and reconstruction of South Riggins Street and Edwards Street (Texas Rural Community) • $500,000 for the design and construction of pedestrian improvements and ADA improvements on 4th Street from SH5 to Riggins Street (CDBG) The City match is $75,000 for each project based on an 85/15 match. The projects will be managed by the Engineering Department. In order to receive the funds for the two projects, the City is required to follow specific processes associated with the programs. One requirement is to adopt policies regarding civil rights and fair housing policies. The Resolution includes the specific language required for the programs. Staff recommended approval of the item, as these programs provide significant benefit to Anna neighbors, including funding for infrastructure projects which may not otherwise be possible. Mayor Pike opened the public hearing at 6:40 PM. No comments were given Mayor Pike closed the public hearing at 6:40 PM. MOTION: Mayor Pro Tem Miller moved to approve. Council Member Baker seconded. Motion carried 7-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS, REGARDING CIVIL RIGHTS; ADOPTING CERTAIN POLICIES, AFFIRMING CERTAIN COMMITMENTS, AND AGREED UPON ACTIONS AS NECESSARY TO MAINTAIN PROGRAM COMPLIANCE PERTAINING TO THE RECEIPT OF TxCDBG GRANT FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. UNA RESOLUCIÓN DE LA CIUDAD DE ANNA, TEXAS, SOBRE DERECHOS CIVILES; ADOPTANDO CIERTAS POLÍTICAS, AFIRMANDO CIERTOS COMPROMISOS Y ACORDANDO ACCIONES SEGÚN NECESARIO PARA MANTENER EL CUMPLIMIENTO DEL PROGRAMA RELACIONADO CON LA RECIBICIÓN DE FONDOS DE SUBVENCIÓN DE TxCDBG; Y ESTABLECIENDO UNA FECHA DE VIGENCIA. h. Consider/Discuss/Action a Resolution authorizing the City Manager to execute a construction agreement with A T Construction, LLC to construct a restroom building and associated infrastructure at Slayter Creek Park. (Assistant City Manager Greg Peters, P.E.) A restroom building was planned southeast of the splash pad to provide bathroom facilities closer to the splash pad, playground, pickle ball courts and skatepark. The only other restrooms in the park are between the baseball fields. The plans for the restroom project were developed in-house, saving on design fees. The Slayter Creek Park restroom building project was originally advertised for bid late last year, but insufficient bid competition resulted in unacceptable results. The project was re-bid on January 11, 2024, and the request for bids was closed on February 16th. Four bids were received. The lowest qualified bid was received from A T Construction, LLC in the amount of $161,300. The bid is within the project budget. The construction agreement includes the contractor's bid amount as well as a $20,000 owner's contingency. The process of re-bidding the project saved the City more than $150,000, but has shortened the timeline for completion of the project. Due to the importance of the project and the need to open the restroom building before the splash pad opens, a $25,000 early completion bonus has been included in the construction agreement. This bonus provides the contractor with a strong incentive to complete the project on an accelerated schedule. The accelerated completion date is May 16, 2024, which is one week before the opening of the splash pad. In order for the contractor to receive this early completion bonus, the restroom must receive a certificate of occupancy from our Building Department and be deemed open for public use. The current project budget allows for this bonus to be included with no additional funding needed. The restroom building is of similar design to the restroom at Johnson Park with some aesthetic modifications. It will have a metal roof, and the colors will generally match the splash pad equipment building. Water and sanitary sewer lines were designed and installed up to the building site during the construction of the splash pad. The electrical panel in the splash pad equipment room was designed to accommodate service to the restroom. Staff recommended awarding the project to A T Construction, LLC with $20,000 for owner contingency and a $25,000 early completion bonus. Funding for the restroom building and associated infrastructure at Slayter Creek Park was appropriated in the FY2024 Community Investment Program in the amount of $200,000 from the 2021 Bond Fund Proposition C – Parks, Trails, Recreation and Sports. The estimated cost of this construction contract is $201,300 (including $20,000 for contingency). Also included in the contract is a $25,000 early completion bonus. MOTION: Council Member Toten moved to approve. Council Member Cain seconded. Motion carried 7-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPROVING A CONSTRUCTION AGREEMENT WITH A T CONSTRUCTION, LLC TO CONSTRUCT A RESTROOM BUILDING, UTILITIES, AND CONCRETE AT SLAYTER CREEK PARK. 8. Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). State law and city ordinance requirements/compliance. Charitable organization programs and grant programs. Development finance matters. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions MOTION: Mayor Pike moved to enter closed session. Council Member Toten seconded. Motion carried 7-0. Mayor Pike recessed the meeting at 6:51 PM. Mayor Pike reconvened the meeting at 8:35 PM. 9. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. No action taken. 10. Adjourn. Mayor Pike adjourned the meeting at 8:35 PM. Approved on the 12th day of March 2024 ________________________________ ATTEST: Mayor Nate Pike ______________________________ City Secretary Carrie L. Land Item No. 6.a. City Council Agenda Staff Report Meeting Date: 3/12/2024 Staff Contact: Justin Clay AGENDA ITEM: Consider/Discuss/Action on a Resolution authorizing the City Manager to execute a contract with Atkin Brothers Equipment Company, Inc. for the construction of the State Highway 5 Utility Relocation Project Phase 1. (CIP Manager Justin Clay) SUMMARY: The State Highway 5 Utility Relocation Phase 1 Project is needed to relocate existing City utilities outside the TxDOT Right-of-Way to avoid conflict with the upcoming roadway expansion. This project will allow the City of Anna to upgrade the utilities with larger sizes and modern materials to better prepare for future development. The City publicly bid the project in accordance with the Texas Local Government Code. Ten bids were received. The lowest qualified bid was received from Atkins Brothers in the amount of $1,345,406.00. Staff is recommending a total construction budget of $1,614,487.20 to allow for unforeseen utility conflicts along the corridor. Staff recommends approval of the item. FINANCIAL IMPACT: Funding for the State Highway 5 Utility Relocations Phase 1 project was appropriated in the FY2024 Community Investment Program budget in the amount of $2.52 million for construction from the Water Impact Fee Fund and Wastewater Impact Fee Fund. The estimated cost of this contract is $1,614,487. BACKGROUND: This project is needed because of the Texas Department of Transportation widening of State Highway 5. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Presentation - Award SH5 Utility - Phase 1. pptx 2. Resolution - Award SH5 Utility Relocation - Phase 1 3. Bid Tabulation Senior Transit Discussion AWARD CONTRACT For the construction of the State Highway 5 Utility Relocation - Phase 1 project to Atkins Brothers Equipment Company, Incorporated March 12, 2024 Overview •Project Location •Project Scope •Project Funding Project Location The Project is located on the East & West Side of State Highway 5. The New Water Main on the West Side of FM 455 will Start on the South side of Cr 423 and extend past FM 455. On the east side of State Highway 5, the Water main will start south of Cunningham Rd and Extend to 7th Street. •2,500 Linear Feet of 12-inch water, including: •Stub-outs for future development. •7 new fire hydrants. •13 new water valves (various sizes) •1,000 Linear Feet of Sanitary Sewer •8 new sewer manholes. • The Construction of the 12-inch water line and 12-inch sewer will be funded through Water Impact Fees and Wastewater Impact Fees •Construction funding was identified in the 23/24 Capital Improvement Plan. Project Scope & Funding Bid Process • The City publicly advertised the project for bid with the selection to be determined by “lowest bid” in accordance with the Texas Local Government Code. •Ten bids were received on February 27, 2024. Atkin Brothers Equipment Company, INC. was the lowest bidder, with a bid of 1,345,406.00. •Staff has reviewed the scope and is recommending a total project budget of $1,614,487.20 to provide contingency funding for unforeseen issues that may arise. Contingency funds will only be spent if determined to be necessary by the City. Staff Recommendations and Next Steps • Staff recommends awarding the contractor Atkin Brothers Equipment Company, INC. •If approved, the City will work with Atkin Brothers Equipment Company to develop a construction schedule. •Work is anticipated to begin Spring of 2024 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS, AWARDING THE BID FOR PHASE 1 OF THE SH 5 UTILITY RELOCATION PROJECT TO ATKINS BROTHERS EQUIPMENT COMPANY, INC. IN THE AMOUNT NOT TO EXCEED ONE MILLION SIX HUNDRED FOURTEEN THOUSAND FOUR HUNDRED AND EIGHTY-SEVEN DOLLARS AND TWENTY CENTS (1,614,487.20); AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the State Highway 5 Utility Relocation Project is necessary to facilitate the Texas Department of Transportation (TxDOT) reconstruction and widening of State Highway 5 in the City of Anna, Texas; and, WHEREAS, Certain utility lines must be relocated to avoid conflict with the future expansion of State Highway 5 between the Collin County Outer Loop and Hackberry Drive; and, WHEREAS, The City of Anna, having solicited competitive sealed proposals in accordance with State Law, opened said competitive sealed proposals on February 27, 2024 at 2:00 P.M.; and, WHEREAS, the lowest qualified bid was received from Atkins Brothers Equipment Company, Inc. in the amount of $1,345,406. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1.Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2.Authorization of Payment and Funding. That the City Council of the City of Anna hereby authorizes the City Manager to execute a contract in an amount not to exceed $1,614,487.20 to Atkin Brothers Equipment Company, Inc. for the construction of the State Highway 5 Utility Relocation Phase 1 project. That funding for the project shall come from the Water Impact Fee Fund and shall not exceed $1,614,487.00, which includes $269,081.20 for contingency funds. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of March 2024. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Nate Pike Date:February 27, 2024 Western Municipal Construction of Texas, LLC Project: Item No. Approximate Quantities Unit Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension 1 1 L.S. $50,000.00 50,000.00$ $70.00 70.00$ $71,715.00 71,715.00$ $75,000.00 75,000.00$ $77,000.00 77,000.00$ 2 56 STA. $200.00 11,200.00$ $385.00 21,560.00$ $300.00 16,800.00$ $100.00 5,600.00$ $200.00 11,200.00$ 3 2,254 L.F. $175.00 394,450.00$ $110.00 247,940.00$ $150.00 338,100.00$ $200.00 450,800.00$ $152.68 344,140.72$ 4 118 L.F. $375.00 44,250.00$ $715.00 84,370.00$ $686.00 80,948.00$ $500.00 59,000.00$ $537.79 63,459.22$ 5 245 L.F. $231.00 56,595.00$ $310.00 75,950.00$ $373.00 91,385.00$ $435.00 106,575.00$ $345.82 84,725.90$ 6 20 L.F. $195.00 3,900.00$ $210.00 4,200.00$ $249.00 4,980.00$ $215.00 4,300.00$ $254.98 5,099.60$ 7 2,316 L.F. $95.00 220,020.00$ $73.00 169,068.00$ $93.00 215,388.00$ $115.00 266,340.00$ $118.84 275,233.44$ 8 68 L.F. $92.00 6,256.00$ $90.00 6,120.00$ $102.00 6,936.00$ $125.00 8,500.00$ $91.79 6,241.72$ 9 6 Ea. $4,200.00 25,200.00$ $4,400.00 26,400.00$ $6,840.00 41,040.00$ $5,500.00 33,000.00$ $8,053.84 48,323.04$ 10 10 Ea. $2,200.00 22,000.00$ $2,600.00 26,000.00$ $4,100.00 41,000.00$ $2,800.00 28,000.00$ $6,271.34 62,713.40$ 11 7 Ea. $7,000.00 49,000.00$ $7,225.00 50,575.00$ $10,500.00 73,500.00$ $9,000.00 63,000.00$ $10,341.04 72,387.28$ 12 2 Ea. $200.00 400.00$ $1,920.00 3,840.00$ $1,080.00 2,160.00$ $1,250.00 2,500.00$ $1,204.35 2,408.70$ 13 2 Ea. $4,900.00 9,800.00$ $5,200.00 10,400.00$ $7,040.00 14,080.00$ $5,000.00 10,000.00$ $6,736.95 13,473.90$ 14 2 Ea. $3,900.00 7,800.00$ $10,000.00 20,000.00$ $11,740.00 23,480.00$ $10,000.00 20,000.00$ $9,450.26 18,900.52$ 15 34 Ea. $150.00 5,100.00$ $1,300.00 44,200.00$ $1,300.00 44,200.00$ $1,400.00 47,600.00$ $2,000.00 68,000.00$ 16 11 Ea. $4,500.00 49,500.00$ $5,000.00 55,000.00$ $3,500.00 38,500.00$ $3,000.00 33,000.00$ $5,000.00 55,000.00$ 17 6 Ea. $1,000.00 6,000.00$ $975.00 5,850.00$ $2,400.00 14,400.00$ $1,000.00 6,000.00$ $2,108.01 12,648.06$ 18 230 L.F. $175.00 40,250.00$ $99.00 22,770.00$ $135.00 31,050.00$ $145.00 33,350.00$ $100.11 23,025.30$ 19 160 L.F. $210.00 33,600.00$ $695.00 111,200.00$ $443.00 70,880.00$ $600.00 96,000.00$ $456.99 73,118.40$ 20 685 L.F. $195.00 133,575.00$ $82.00 56,170.00$ $80.00 54,800.00$ $130.00 89,050.00$ $69.95 47,915.75$ 21 8 Ea. $8,000.00 64,000.00$ $12,400.00 99,200.00$ $15,450.00 123,600.00$ $9,000.00 72,000.00$ $7,522.56 60,180.48$ 972-382-2123 bddzip@sbcglobal.net Dallas, Texas BID OF Valley View, TX 76272 Adam Darrach 817-751-4975 402 Gulf Ave BID OF cwilson@wmc-i.com ANA Site Construction, LLC 784 Tower Rd Atkins Bros. Equip. Comp., Inc. 3516 Old Fort Worth Road satkins@ectisp.net A&M Construction and Utilities, Inc. 4950 Grisham Dr dmolina@amconstructionutility.com Cut, plug and abandon existing water line Furnish & install 12-inch PVC Sanitary Sewer Line by Open Cut w/ Class "H" Embedment Furnish & Install 12-inch fused joint HDPE Sanitary Sewer Line by Other Than Open Cut w/18- inch Steel Encasement Furnish & Install 8-inch PVC Sanitary Sewer Line by Open Cut w/ Class "H" Embedment Furnish & Install 12-inch Fused Joint HDPE Water Line by Other Than Open Cut Furnish & Install 12-inch PVC Water Line by Open Cut w/ Class "G" Embedment Furnish & Install 4-foot Corrosion Resistant Manholes BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS Midlothian, TX 76065 Mike Atkins 972-775-7955 BID OF Justin, TX 76247 Michael Hern 940-648-0020 BID OF Rowlett, TX 75088 Perla Tovar 972-412-0255 BID OF Celina. TX 75009 Lewis Dickersom TABULATION OF BIDS Dickerson Construction Co, Inc. 1130 N. Louisiana Dr. Connect to Existing Water Line Furnish & Install 12-inch R.S. Gate Valve Furnish & Install 8-inch R.S. Gate Valve Furnish & Install Fire Hydrant Assembly including 6-inch R.S. Gate Valve Remove and Salvage (to City) Fire Hydrant Furnish & Install 8-inch PVC Water Line by Open Cut w/ Class "B" Embedment Furnish & Install 6-inch PVC Water Line by Open Cut w/ Class "B" Embedment Mobilization, Bonds and Insurance Clearing and Grubbing Furnish & Install 12-inch PVC Water Line by Open Cut w/ Class "B" Embedment Furnish & Install 12-inch PVC Water Line by Other Than Open Cut w/ 18-inch Steel Encasement Furnish & Install 6-inch blow-off asssembly Furnish & Install 2-inch air-release/vacuum valve assembly Transfer Existing Water Service Connection Description City of Anna, Texas S.H. 5 UTILITY RELOCATIONS - PHASE I J:\CLERICAL\Anna\2021-118 SH 5 Utility Relocation Design\Specs\Tech-Spec\11-P&BS -2.xlsx Page 1 of 6 Date:February 27, 2024 Western Municipal Construction of Texas, LLC Project: Item No. Approximate Quantities Unit Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension 972-382-2123 bddzip@sbcglobal.net Dallas, Texas BID OF Valley View, TX 76272 Adam Darrach 817-751-4975 402 Gulf Ave BID OF cwilson@wmc-i.com ANA Site Construction, LLC 784 Tower Rd Atkins Bros. Equip. Comp., Inc. 3516 Old Fort Worth Road satkins@ectisp.net A&M Construction and Utilities, Inc. 4950 Grisham Dr dmolina@amconstructionutility.com BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS Midlothian, TX 76065 Mike Atkins 972-775-7955 BID OF Justin, TX 76247 Michael Hern 940-648-0020 BID OF Rowlett, TX 75088 Perla Tovar 972-412-0255 BID OF Celina. TX 75009 Lewis Dickersom TABULATION OF BIDS Dickerson Construction Co, Inc. 1130 N. Louisiana Dr. Description City of Anna, Texas S.H. 5 UTILITY RELOCATIONS - PHASE I 22 7 Ea. $300.00 2,100.00$ $1,400.00 9,800.00$ $1,800.00 12,600.00$ $1,800.00 12,600.00$ $2,921.74 20,452.18$ 23 1 Ea. $1,000.00 1,000.00$ $2,000.00 2,000.00$ $5,860.00 5,860.00$ $1,500.00 1,500.00$ $2,621.74 2,621.74$ 24 1 Ea. $500.00 500.00$ $4,000.00 4,000.00$ $4,300.00 4,300.00$ $1,000.00 1,000.00$ $1,189.86 1,189.86$ 25 1 L.S. $25,000.00 25,000.00$ $65,000.00 65,000.00$ $17,000.00 17,000.00$ $17,500.00 17,500.00$ $22,043.48 22,043.48$ 26 2 Ea. $500.00 1,000.00$ $1,300.00 2,600.00$ $1,300.00 2,600.00$ $500.00 1,000.00$ $1,005.49 2,010.98$ 27 24 L.F. $100.00 2,400.00$ $290.00 6,960.00$ $225.00 5,400.00$ $125.00 3,000.00$ $198.10 4,754.40$ 28 17 S.Y. $50.00 850.00$ $225.00 3,825.00$ $185.00 3,145.00$ $80.00 1,360.00$ $110.04 1,870.68$ 29 95 S.Y. $150.00 14,250.00$ $150.00 14,250.00$ $175.00 16,625.00$ $75.00 7,125.00$ $71.92 6,832.40$ 30 163 S.Y. $60.00 9,780.00$ $20.00 3,260.00$ $26.00 4,238.00$ $10.00 1,630.00$ $23.58 3,843.54$ 31 163 S.Y. $135.00 22,005.00$ $65.00 10,595.00$ $114.00 18,582.00$ $65.00 10,595.00$ $40.81 6,652.03$ 32 50 L.F. $60.00 3,000.00$ $100.00 5,000.00$ $125.00 6,250.00$ $50.00 2,500.00$ $60.00 3,000.00$ 33 46 L.F. $10.00 460.00$ $15.00 690.00$ $107.00 4,922.00$ $10.00 460.00$ $199.75 9,188.50$ 34 24 L.F. $200.00 4,800.00$ $265.00 6,360.00$ $451.00 10,824.00$ $120.00 2,880.00$ $500.00 12,000.00$ 35 3 Ea. $150.00 450.00$ $65.00 195.00$ $360.00 1,080.00$ $750.00 2,250.00$ $1,000.00 3,000.00$ 36 10 L.F. $70.00 700.00$ $60.00 600.00$ $215.00 2,150.00$ $50.00 500.00$ $53.46 534.60$ 37 12,384 S.Y. $0.50 6,192.00$ $4.75 58,824.00$ $1.60 19,814.40$ $1.50 18,576.00$ $4.00 49,536.00$ 38 1 L.S. $500.00 500.00$ $3,500.00 3,500.00$ $650.00 650.00$ $2,500.00 2,500.00$ $2,000.00 2,000.00$ 39 5,573 L.F. $1.00 5,573.00$ $1.50 8,359.50$ $5.00 27,865.00$ $2.00 11,146.00$ $5.00 27,865.00$ 40 1 L.S. $1,000.00 1,000.00$ $3,000.00 3,000.00$ $650.00 650.00$ $2,500.00 2,500.00$ $2,500.00 2,500.00$ 41 1 L.S. $1,500.00 1,500.00$ $15,000.00 15,000.00$ $15,400.00 15,400.00$ $5,000.00 5,000.00$ $29,955.10 29,955.10$ 42 1 L.S. $1,000.00 1,000.00$ $4,000.00 4,000.00$ $2,000.00 2,000.00$ $2,500.00 2,500.00$ $2,000.00 2,000.00$ 43 1 L.S. $2,500.00 2,500.00$ $30,000.00 30,000.00$ $12,000.00 12,000.00$ $15,000.00 15,000.00$ $20,000.00 20,000.00$ By-pass Pumping Transfer Existing Sewer Service Connection Connect to Existing Sewer Manhole Abandon Existing Manholes Remove and Replace Wood Fence Remove and Replace Barb Wire Fence Remove and Replace Concrete Wall Remove and Replace Wood Steps Remove and Replace Concrete Curb Furnish, Install and Maintain Hydromulch Seeding Furnish Trench Safety Plan Implement Trench Safety Systems Furnish Erosion Control Plan Furnish, Install and Maintain Erosion Control Measures Furnish Traffic Control Plan Furnish, Install, Maintain and Remove Traffic Control Measures Cut, Plug and Abandon Existing Sanitary Sewer Line Remove 24-inch CMP and Replace with 24-inch RCP Furnish & Install Cement Stabilized Backfill Remove and Replace Concrete Driveway Remove and Replace Gravel Driveway Remove and Replace Asphalt Pavement J:\CLERICAL\Anna\2021-118 SH 5 Utility Relocation Design\Specs\Tech-Spec\11-P&BS -2.xlsx Page 2 of 6 Date:February 27, 2024 Western Municipal Construction of Texas, LLC Project: Item No. Approximate Quantities Unit Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension 972-382-2123 bddzip@sbcglobal.net Dallas, Texas BID OF Valley View, TX 76272 Adam Darrach 817-751-4975 402 Gulf Ave BID OF cwilson@wmc-i.com ANA Site Construction, LLC 784 Tower Rd Atkins Bros. Equip. Comp., Inc. 3516 Old Fort Worth Road satkins@ectisp.net A&M Construction and Utilities, Inc. 4950 Grisham Dr dmolina@amconstructionutility.com BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS Midlothian, TX 76065 Mike Atkins 972-775-7955 BID OF Justin, TX 76247 Michael Hern 940-648-0020 BID OF Rowlett, TX 75088 Perla Tovar 972-412-0255 BID OF Celina. TX 75009 Lewis Dickersom TABULATION OF BIDS Dickerson Construction Co, Inc. 1130 N. Louisiana Dr. Description City of Anna, Texas S.H. 5 UTILITY RELOCATIONS - PHASE I 44 18 L.F. $275.00 4,950.00$ $100.00 1,800.00$ $125.00 2,250.00$ $400.00 7,200.00$ $467.48 8,414.64$ 45 1 Ea. $1,000.00 1,000.00$ $1,250.00 1,250.00$ $3,250.00 3,250.00$ $1,000.00 1,000.00$ $500.00 500.00$ 1,345,406.00$ 1,401,751.50$ 1,598,397.40$ 1,640,937.00$ 1,667,960.56$ Total Furnish and Install 8" PVC Water Line by Other Than Open Cut Project Sign J:\CLERICAL\Anna\2021-118 SH 5 Utility Relocation Design\Specs\Tech-Spec\11-P&BS -2.xlsx Page 3 of 6 Date:February 27, 2024 Project: Item No. Approximate Quantities Unit 1 1 L.S. 2 56 STA. 3 2,254 L.F. 4 118 L.F. 5 245 L.F. 6 20 L.F. 7 2,316 L.F. 8 68 L.F. 9 6 Ea. 10 10 Ea. 11 7 Ea. 12 2 Ea. 13 2 Ea. 14 2 Ea. 15 34 Ea. 16 11 Ea. 17 6 Ea. 18 230 L.F. 19 160 L.F. 20 685 L.F. 21 8 Ea. Dallas, Texas Cut, plug and abandon existing water line Furnish & install 12-inch PVC Sanitary Sewer Line by Open Cut w/ Class "H" Embedment Furnish & Install 12-inch fused joint HDPE Sanitary Sewer Line by Other Than Open Cut w/18- inch Steel Encasement Furnish & Install 8-inch PVC Sanitary Sewer Line by Open Cut w/ Class "H" Embedment Furnish & Install 12-inch Fused Joint HDPE Water Line by Other Than Open Cut Furnish & Install 12-inch PVC Water Line by Open Cut w/ Class "G" Embedment Furnish & Install 4-foot Corrosion Resistant Manholes BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS TABULATION OF BIDS Connect to Existing Water Line Furnish & Install 12-inch R.S. Gate Valve Furnish & Install 8-inch R.S. Gate Valve Furnish & Install Fire Hydrant Assembly including 6-inch R.S. Gate Valve Remove and Salvage (to City) Fire Hydrant Furnish & Install 8-inch PVC Water Line by Open Cut w/ Class "B" Embedment Furnish & Install 6-inch PVC Water Line by Open Cut w/ Class "B" Embedment Mobilization, Bonds and Insurance Clearing and Grubbing Furnish & Install 12-inch PVC Water Line by Open Cut w/ Class "B" Embedment Furnish & Install 12-inch PVC Water Line by Other Than Open Cut w/ 18-inch Steel Encasement Furnish & Install 6-inch blow-off asssembly Furnish & Install 2-inch air-release/vacuum valve assembly Transfer Existing Water Service Connection Description City of Anna, Texas S.H. 5 UTILITY RELOCATIONS - PHASE I Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension $78,770.25 78,770.25$ $139,572.00 139,572.00$ $87,194.90 87,194.90$ $150,000.00 150,000.00$ $80,000.00 80,000.00$ $85.09 4,765.04$ $332.00 18,592.00$ $139.29 7,800.24$ $1,000.00 56,000.00$ $2,000.00 112,000.00$ $122.10 275,213.40$ $147.00 331,338.00$ $162.81 366,973.74$ $125.00 281,750.00$ $160.00 360,640.00$ $450.44 53,151.92$ $737.00 86,966.00$ $752.13 88,751.34$ $775.00 91,450.00$ $1,200.00 141,600.00$ $255.64 62,631.80$ $184.00 45,080.00$ $385.34 94,408.30$ $775.00 189,875.00$ $450.00 110,250.00$ $228.32 4,566.40$ $488.00 9,760.00$ $253.23 5,064.60$ $200.00 4,000.00$ $450.00 9,000.00$ $79.89 185,025.24$ $108.00 250,128.00$ $104.72 242,531.52$ $95.00 220,020.00$ $130.00 301,080.00$ $95.27 6,478.36$ $158.00 10,744.00$ $91.42 6,216.56$ $85.00 5,780.00$ $420.00 28,560.00$ $7,369.38 44,216.28$ $6,240.00 37,440.00$ $4,538.73 27,232.38$ $4,800.00 28,800.00$ $4,550.00 27,300.00$ $5,075.28 50,752.80$ $4,320.00 43,200.00$ $2,548.00 25,480.00$ $3,000.00 30,000.00$ $2,300.00 23,000.00$ $11,065.62 77,459.34$ $7,035.00 49,245.00$ $9,149.66 64,047.62$ $10,500.00 73,500.00$ $7,500.00 52,500.00$ $1,191.09 2,382.18$ $475.00 950.00$ $520.00 1,040.00$ $3,500.00 7,000.00$ $900.00 1,800.00$ Non-Responsive -$ $10,000.00 20,000.00$ $6,955.07 13,910.14$ $10,000.00 20,000.00$ $7,000.00 14,000.00$ $15,619.84 31,239.68$ $19,300.00 38,600.00$ $7,315.60 14,631.20$ $7,000.00 14,000.00$ $10,000.00 20,000.00$ $2,394.59 81,416.06$ $880.00 29,920.00$ $2,525.79 85,876.86$ $2,000.00 68,000.00$ $2,200.00 74,800.00$ $3,461.09 38,071.99$ $4,640.00 51,040.00$ $3,570.94 39,280.34$ $4,500.00 49,500.00$ $4,000.00 44,000.00$ $1,046.15 6,276.90$ $1,235.00 7,410.00$ $2,473.97 14,843.82$ $2,000.00 12,000.00$ $6,500.00 39,000.00$ $118.72 27,305.60$ $149.00 34,270.00$ $141.79 32,611.70$ $105.00 24,150.00$ $127.00 29,210.00$ $404.10 64,656.00$ $615.00 98,400.00$ $1,160.93 185,748.80$ $310.00 49,600.00$ $1,250.00 200,000.00$ $94.56 64,773.60$ $106.00 72,610.00$ $117.17 80,261.45$ $85.00 58,225.00$ Non-Responsive -$ $12,695.03 101,560.24$ $17,600.00 140,800.00$ $9,749.68 77,997.44$ $12,500.00 100,000.00$ $12,000.00 96,000.00$ 903-870-0428 bill@vesselsconstruction.com BID OF MX Construction Services, Inc. 8951 Collin Mckinney PKWY Ste1001 McKinney, TX 75070 Tim White 682-218-6575 BID OF Vessels Construction 16867 Hwy 56 W. Sherman, TX 75092 Bill Vessels 580-282-0282 BID OF Quality Excavation LLC 104 Redfearn Rd Aubrey, TX 76227 Doug Murphy 940-365-0800 estimating@qualityexcavasion.com BID OF W. Brown Enterprises, Inc. 2905 N 1st Ave Durant, OK 74701 W. Scott Brown BID OF Canary Construction, Inc. 802 N. Kealy Avenue, Ste. 101 Lewisville, TX 75057 Wayne Borstad 469-464-3823 J:\CLERICAL\Anna\2021-118 SH 5 Utility Relocation Design\Specs\Tech-Spec\11-P&BS -2.xlsx Page 4 of 6 Date:February 27, 2024 Project: Item No. Approximate Quantities Unit Dallas, Texas BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS TABULATION OF BIDS Description City of Anna, Texas S.H. 5 UTILITY RELOCATIONS - PHASE I 22 7 Ea. 23 1 Ea. 24 1 Ea. 25 1 L.S. 26 2 Ea. 27 24 L.F. 28 17 S.Y. 29 95 S.Y. 30 163 S.Y. 31 163 S.Y. 32 50 L.F. 33 46 L.F. 34 24 L.F. 35 3 Ea. 36 10 L.F. 37 12,384 S.Y. 38 1 L.S. 39 5,573 L.F. 40 1 L.S. 41 1 L.S. 42 1 L.S. 43 1 L.S. By-pass Pumping Transfer Existing Sewer Service Connection Connect to Existing Sewer Manhole Abandon Existing Manholes Remove and Replace Wood Fence Remove and Replace Barb Wire Fence Remove and Replace Concrete Wall Remove and Replace Wood Steps Remove and Replace Concrete Curb Furnish, Install and Maintain Hydromulch Seeding Furnish Trench Safety Plan Implement Trench Safety Systems Furnish Erosion Control Plan Furnish, Install and Maintain Erosion Control Measures Furnish Traffic Control Plan Furnish, Install, Maintain and Remove Traffic Control Measures Cut, Plug and Abandon Existing Sanitary Sewer Line Remove 24-inch CMP and Replace with 24-inch RCP Furnish & Install Cement Stabilized Backfill Remove and Replace Concrete Driveway Remove and Replace Gravel Driveway Remove and Replace Asphalt Pavement Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension 903-870-0428 bill@vesselsconstruction.com BID OF MX Construction Services, Inc. 8951 Collin Mckinney PKWY Ste1001 McKinney, TX 75070 Tim White 682-218-6575 BID OF Vessels Construction 16867 Hwy 56 W. Sherman, TX 75092 Bill Vessels 580-282-0282 BID OF Quality Excavation LLC 104 Redfearn Rd Aubrey, TX 76227 Doug Murphy 940-365-0800 estimating@qualityexcavasion.com BID OF W. Brown Enterprises, Inc. 2905 N 1st Ave Durant, OK 74701 W. Scott Brown BID OF Canary Construction, Inc. 802 N. Kealy Avenue, Ste. 101 Lewisville, TX 75057 Wayne Borstad 469-464-3823 $2,903.48 20,324.36$ $5,400.00 37,800.00$ $3,477.58 24,343.06$ $7,500.00 52,500.00$ $2,200.00 15,400.00$ $2,431.02 2,431.02$ $4,400.00 4,400.00$ $1,016.98 1,016.98$ $4,500.00 4,500.00$ $2,200.00 2,200.00$ $1,796.09 1,796.09$ $6,900.00 6,900.00$ $975.00 975.00$ $5,500.00 5,500.00$ $2,200.00 2,200.00$ $33,140.25 33,140.25$ $61,800.00 61,800.00$ $19,500.00 19,500.00$ $120,000.00 120,000.00$ $25,000.00 25,000.00$ $1,644.84 3,289.68$ $10,000.00 20,000.00$ $1,614.60 3,229.20$ $3,000.00 6,000.00$ $5,500.00 11,000.00$ $218.30 5,239.20$ $205.00 4,920.00$ $219.40 5,265.60$ $185.00 4,440.00$ $250.00 6,000.00$ $369.22 6,276.74$ $270.00 4,590.00$ $448.50 7,624.50$ $65.00 1,105.00$ $400.00 6,800.00$ $210.95 20,040.25$ $124.00 11,780.00$ $213.97 20,327.15$ $225.00 21,375.00$ $200.00 19,000.00$ $37.70 6,145.10$ $29.00 4,727.00$ $46.05 7,506.15$ $100.00 16,300.00$ $100.00 16,300.00$ $177.42 28,919.46$ $89.00 14,507.00$ $251.40 40,978.20$ $205.00 33,415.00$ $200.00 32,600.00$ $208.73 10,436.50$ $104.00 5,200.00$ $65.00 3,250.00$ $100.00 5,000.00$ $50.00 2,500.00$ $111.79 5,142.34$ $53.00 2,438.00$ $70.65 3,249.90$ $100.00 4,600.00$ $40.00 1,840.00$ $491.57 11,797.68$ $282.00 6,768.00$ $498.33 11,959.92$ $205.00 4,920.00$ $95.00 2,280.00$ $4,285.41 12,856.23$ $881.00 2,643.00$ $866.67 2,600.01$ $4,500.00 13,500.00$ $400.00 1,200.00$ $775.16 7,751.60$ $340.00 3,400.00$ $130.00 1,300.00$ $205.00 2,050.00$ $100.00 1,000.00$ $20.63 255,481.92$ $8.00 99,072.00$ $6.99 86,564.16$ $8.50 105,264.00$ $5.00 61,920.00$ $9,904.05 9,904.05$ $440.00 440.00$ $975.00 975.00$ $1,500.00 1,500.00$ $1,500.00 1,500.00$ $2.23 12,427.79$ $1.00 5,573.00$ $4.00 22,292.00$ $3.00 16,719.00$ $2.00 11,146.00$ $34,474.05 34,474.05$ $1,100.00 1,100.00$ $2,714.97 2,714.97$ Non-Responsive -$ $2,500.00 2,500.00$ $15,754.05 15,754.05$ $7,000.00 7,000.00$ $37,976.90 37,976.90$ $60,000.00 60,000.00$ $40,000.00 40,000.00$ $21,604.05 21,604.05$ $1,200.00 1,200.00$ $4,264.00 4,264.00$ Non-Responsive -$ $4,000.00 4,000.00$ $8,775.00 8,775.00$ $11,500.00 11,500.00$ $21,222.50 21,222.50$ $84,000.00 84,000.00$ $40,000.00 40,000.00$ J:\CLERICAL\Anna\2021-118 SH 5 Utility Relocation Design\Specs\Tech-Spec\11-P&BS -2.xlsx Page 5 of 6 Date:February 27, 2024 Project: Item No. Approximate Quantities Unit Dallas, Texas BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS TABULATION OF BIDS Description City of Anna, Texas S.H. 5 UTILITY RELOCATIONS - PHASE I 44 18 L.F. 45 1 Ea. Total Furnish and Install 8" PVC Water Line by Other Than Open Cut Project Sign Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension Unit Bid Price Extension 903-870-0428 bill@vesselsconstruction.com BID OF MX Construction Services, Inc. 8951 Collin Mckinney PKWY Ste1001 McKinney, TX 75070 Tim White 682-218-6575 BID OF Vessels Construction 16867 Hwy 56 W. Sherman, TX 75092 Bill Vessels 580-282-0282 BID OF Quality Excavation LLC 104 Redfearn Rd Aubrey, TX 76227 Doug Murphy 940-365-0800 estimating@qualityexcavasion.com BID OF W. Brown Enterprises, Inc. 2905 N 1st Ave Durant, OK 74701 W. Scott Brown BID OF Canary Construction, Inc. 802 N. Kealy Avenue, Ste. 101 Lewisville, TX 75057 Wayne Borstad 469-464-3823 $404.94 7,288.92$ $305.00 5,490.00$ $256.88 4,623.84$ $675.00 12,150.00$ $1,200.00 21,600.00$ $4,216.09 4,216.09$ $1,720.00 1,720.00$ $604.50 604.50$ $5,500.00 5,500.00$ $1,500.00 1,500.00$ 1,806,225.50$ 1,841,033.00$ 1,896,266.49$ 2,113,988.00$ 2,094,226.00$ J:\CLERICAL\Anna\2021-118 SH 5 Utility Relocation Design\Specs\Tech-Spec\11-P&BS -2.xlsx Page 6 of 6 Item No. 6.b. City Council Agenda Staff Report Meeting Date: 3/12/2024 Staff Contact: AGENDA ITEM: Consider/Discuss/Action on an Ordinance Amending Chapter 7 by adding Article 7.05 Illegal Sale of Kratom. (City Manager Ryan Henderson) SUMMARY: The ordinance before the City Council amends Chapter 7 by adding a new article (7.05 - Illegal Sale of Kratom). FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The City of Anna, Texas City Council (“City Council”) has been informed that the American Association of Poison Control Centers have received reports regarding the negative medical outcomes associated with the use of Kratom and that the U.S. Department of Justice and Drug Enforcement Agency have published articles and opinions on the dangers and physiological effects of Kratom which are believed to pose a significant health risk to persons including addiction, psychotic symptoms, tachycardia, hepatotoxicity, seizure, and death. The City Council has determined that it is in the best interest of the public health, safety and welfare to prohibit the sale of Kratom and Kratom Products. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Safe. ATTACHMENTS: 1. Health Sanitation Kratom Ordinance __________________________________________________________________________________ CITY OF ANNA, TEXAS ORDINANCE NO. __________ PAGE 1 OF 3 CITY OF ANNA, TEXAS ORDINANCE NO. ________________ AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES, CHAPTER 7, BY ADDING ARTICLE 7.05 ILLEGAL SALE OF KRATOM, TO PROHIBIT THE SALE OF KRATOM OR KRATOM PRODUCTS; PROVIDING FOR A PENALTY 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 City Council (“City Council”) has been informed that the American Association of Poison Control Centers have received reports regarding the negative medical outcomes associated with the use of Kratom and that the U.S. Department of Justice and Drug Enforcement Agency have published articles and opinions on the dangers and physiological effects of Kratom which are believed to pose a significant health risk to persons including addiction, psychotic symptoms, tachycardia, hepatotoxicity, seizure, and death; and WHEREAS, Kratom and Kratom Products are often marketed as health supplements or herbal teas and are being used recreationally without medical supervision or used as an alternative to opioids, a highly addictive and often harmful controlled substance; and WHEREAS, the long term effects of the use of Kratom and Kratom Products are not yet known; and WHEREAS, Kratom and Kratom Products are not yet categorized as illegal controlled substances under federal law; and WHEREAS, the City Council has determined that it is in the best interest of the public health, safety and welfare to prohibit the sale of Kratom and Kratom Products; 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. __________________________________________________________________________________ CITY OF ANNA, TEXAS ORDINANCE NO. __________ PAGE 2 OF 3 Section 2. Amendments. A new Article 7.05, titled “Illegal Sale of Kratom” is hereby added to Chapter 7, “Health and Sanitation” of the Anna City Code of Ordinances to read as follows: Article 7.05 Illegal Sale of Kratom Sec. 7.05.001 Purpose The purpose of this article is to prohibit the sale of Kratom or Kratom Products, as hereinafter defined, within the City limits of the City of Anna, Texas. Sec. 7.05.002 Definitions The following words and phrases, when used in this article, shall have the meaning ascribed to them by this article. Kratom means any part of the leaf of the plant Mitragyna speciosa. Kratom product means a food, including an extract, capsule, or pill, containing any form of kratom. Sec. 7.05.003 Violation (a) It shall be unlawful for any person to sell or offer for sale Kratom or any Kratom Product. (b) The culpable mental state required by Chapter 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation is a strict liability offense. Sec. 7.05.004 Penalty Any person violating any of the provisions or terms of this article shall be deemed guilty of a Class C misdemeanor and, upon conviction, be punished by a fine not to exceed the sum of $2,000 for each offense, or the greatest amount allowed under applicable law, whichever is lowest, and each and every separate violation of this article shall constitute a separate offense, unless otherwise specifically set forth in this Code. Allegation and evidence of a culpable mental state is not required for proof of any offense defined by this article. __________________________________________________________________________________ CITY OF ANNA, TEXAS ORDINANCE NO. __________ PAGE 3 OF 3 Section 3. 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 4. 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 12th day of March 2024. ATTESTED: ________________________________ Carrie L. Land, City Secretary APPROVED: ______________________________ Nate Pike, Mayor Item No. 7.d. City Council Agenda Staff Report Meeting Date: 3/12/2024 Staff Contact: AGENDA ITEM: Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: