HomeMy WebLinkAboutCCpkt2016-05-24YfOURI HOMETOWN
CITY OF ANNA AGENDA NOTICE — CITY COUNCIL- WORK SESSION
May 24, 2016 6:30 p.m. — Anna City Hall
The City Council of the City of Anna will meet in Work Session at 6:30 p.m., on
May 24, 2016 at Anna City Hall, located at 111 N. Powell Parkway (Hwy 5),
regarding the following items:
1. Call to Order, Roll Call and Establishment of Quorum
2. Recognition of outgoing Council Members.
3. Administer the Oath of Office and present Certificate of Election to newly
elected officials.
4. Adjourn.
This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda
at a place readily accessible to the public at the Anna City Hall and on the
City Hall bulletin board at or before 5:00 p.m. May 20, 2016.
Carrie L. Smith, City Secretary
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary
at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
CITY OF ANNA, TEXAS
Item No. WS 1
City Secretary's use only
City Council Agenda
Staff Report
Meetinq Date:
Staff Contact:
Exhibits:
AGENDA SUBJECT:
Call to Order, Roll Call and Establishment of Quorum.
SUMMARY:
STAFF RECOMMENDATION:
May 24, 2016
City Administrator
No
City Secretary-WS 1 - Call to Order - Staff Report
CITY OF ANNA, TEXAS
AGENDA SUBJECT:
Recognition of outgoing Council Members.
SUMMARY:
Item No. WS2
City Secretary's use only
City Council Agenda
Staff Report
Date: May 24, 2016
Staff Contact: City Secretary
Exhibits: N/A
The City of Anna would like to show their sincere appreciation to the outgoing Council
Members for their years of dedication and service.
• Lauren Lovato has served the City Council from December 2012 to May 2016
• Chad Barnes has served the City Council from May 2013 to May 2016
• Dick Dowd has served the City Council from August 2013 to May 2016
STAFF RECOMMENDATION:
CITY OF ANNA, TEXAS
Item No. WS3
City Secretary's use only
City Council Agenda
Staff Report
Date: May 24, 2016
Staff Contact: City Secretary
Exhibits: Yes
AGENDA SUBJECT:
Administer the Oath of Office and present Certificate of Election to newly elected officials.
SUMMARY:
According to the City Charter each newly -elected person to the City Council is entitled to
be inducted into office at the first regular City Council meeting following the election that
the newly -elected member attends. Also according to the City Charter all elected and
appointed officers of the City must take and sign an oath of office based on those
prescribed for state elective and appointed offices, respectively, in the Constitution of the
State of Texas.
STAFF RECOMMENDATION:
Judge Paul Liston will be present to administer the Oath of Office to new council
members.
A short meet and greet will be held.
A
OATH OF OFFICE
CITY OF ANNA, TEXAS
Y10UR) HOMETOWN
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS,
I,
do solemnly swear (or affirm), that I will faithfully execute the duties of
the office of Council Member Place and State of Texas, and will to the best of my ability
preserve, protect and defend the Constitution and laws of the United States and of this State, so help
me God.
Officer's Signature
State of Texas )
County of Collin)
Sworn to and subscribed before me this day of , 2016.
Paul Liston, Municipal Judge
M
In the name and by the authority of
the State of Texas,
THIS IS TO CERTIFY,
that at a General Election held on
May 7, 2016
was duly elected
Officer's Name
City of Anna, Texas
In testimony whereof, I have hereunto
signed my name and caused the Seal
of the City of Anna to be affixed
at the City of Anna, this the 24th
day of May, 2016.
Mayor Mike Crist
CITY CF ANNA, TEXAS
AGENDA SUBJECT:
Adjourn
SUMMARY:
Item to adjourn the meeting.
STAFF RECOMMENDATION:
Staff recommends a motion to adjourn.
Item No. WS 4
City Secretary's use only
City Council Agenda
Date:
Staff Contact:
Exhibits:
Staff Report
May 10, 2016
City Manager
None
YIOURI HOMETOWN
CITY OF ANNA AGENDA NOTICE — CITY COUNCIL — REGULAR SESSION
May 24, 2016 7:30 p.m. — Anna City Hall
The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., on
May 24, 2016, at the Anna City Hall, located at 111 North Powell Parkway (Hwy
5), to consider the following items.
Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record
of attendance. If you wish to speak on an open -session agenda item, please fill
out the Opinion/Speaker Registration Form and turn it in to the City Secretary
before the meeting starts.
1. Call to Order, Roll Call and Establishment of Quorum.
2. Invocation and Pledge of Allegiance.
3. Citizen comments. Citizens are allowed three minutes to speak to
Council. 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.
Version 5/20/2016 10:41 AM
5. Consider/Discuss/Action regarding electing the Mayor Pro Tern as
directed in the City Charter. (City Council)
6. Consider/Discuss/Action regarding electing the Deputy Mayor Pro Tern
as directed in the City Charter. (City Council)
7. 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 the City Council minutes for May 10, 2016. (Carrie Smith)
b. Authorize the sale of a Fire Department vehicle. (Chief Gothard)
8. Consider/Discuss/Action regarding a Resolution awarding the bid and
approving a contract with Excel Mulching and Trenching for the
Throckmorton Creek Trunk Sewer Project (Joseph Johnson)
9. Consider/Discuss/Action on a Resolution instituting Annexation
proceedings and setting the dates, times and places for public
hearings for the annexation of a 32.295 acre tract of land located in the
Henry Smith Survey, Abstract No. 0823. (Maurice Schwanke)
10. 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); annexation development agreements, local sales
tax allocation; code of ethics
b. discuss or deliberate the purchase, exchange, lease, or value
of real property (Tex. Gov't Code §551.072); acquisition of
right-of-way, easements, and land for municipal facilities.
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
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.
2
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deliberate the offer of a financial or other incentive to a
business prospect described by subdivision (1). (Tex. Gov't
Code §551.087); potential retail business prospect.
d. discuss or deliberate personnel matters (Tex. Gov't Code
§551.074); City Attorney annual review.
The Council further reserves the right to enter into closed session at
any time throughout any duly noticed meeting under any applicable
exception to the Open Meetings Act.
11. Consider/Discuss/Action on any items listed on the posted agenda or
any closed session occurring during this meeting, as necessary.
12.Adjourn.
This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda
at a place readily accessible to the public at the Anna City Hall and on the
City Hall bulletin board at or before 5:00 p.m. May 20, 2016.
Carrie L. Smith, City Secretary
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary
at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
3
Version 5/20/2016 10:41 AM
CITY OF ANNA. TEXAS
AGENDA SUBJECT:
Item No. 1
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Call to Order, Roll Call and Establishment of Quorum.
SUMMARY:
Mayor establishes a quorum
STAFF RECOMMENDATION:
May 24, 2016
City Manager
None
CITY OF ANNA. TEXAS
AGENDA SUBJECT:
Invocation and Pledge of Allegiance.
SUMMARY:
STAFF RECOMMENDATION:
Item No. 2
City Secretary's use only
City Council Agenda
Staff Report
Date: May 24, 2016
Staff Contact: City Manager
Exhibits: N/A
CITY OF ANNA, TEXAS
AGENDA SUBJECT:
Citizen comments.
SUMMARY:
Item No. 3
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
May 24, 2016
City Manager
N/A
Citizens are allowed three minutes to speak. The Council is unable to respond to
or discuss any issues that are brought up during this section that are not on the
agenda, other than to make statements of specific factual information in response
to a citizen's inquiry or to recite existing policy in response to the inquiry.
STAFF RECOMMENDATION:
CITY OF ANNA, TEXAS
AGENDA SUBJECT:
Item No. 4
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
May 24, 2016
City Manager
N/A
Receive reports from Staff or the City Council about items of community interest.
SUMMARY:
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.
STAFF RECOMMENDATION:
CITY CF ANNA, TEXAS
Item No. 5
City Secretary's use only
City Council Agenda
Staff Report
Date: May 24, 2016
Staff Contact: City Secretary
Exhibits: N/A
AGENDA SUBJECT:
Consider/Discuss/Action regarding electing the Mayor Pro Tem as directed in the
City Charter. (City Council)
SUMMARY:
According to the City Charter the Mayor Pro-Tem is a Council Member elected by
the City Council at the first regular meeting after each election of Council Members
and/or Mayor. The Mayor Pro Tem must act as the Mayor during the disability or
absence of the Mayor, and in this capacity has the rights conferred upon the Mayor.
STAFF RECOMMENDATION:
Staff recommends electing the Mayor Pro Tem.
CITY CF ANNA, TEXAS
AGENDA SUBJECT:
Item No. 6
City Secretary's use only
City Council Agenda
Staff Report
Date: May 24, 2016
Staff Contact: City Secretary
Exhibits: N/A
Consider/Discuss/Action regarding electing the Deputy Mayor Pro Tem as directed
in the City Charter. (City Council)
SUMMARY:
According to the City Charter the Deputy Mayor Pro Tem is a Council Member
elected by the City Council at the first regular meeting after each election of Council
Members and/or Mayor. The Deputy Mayor Pro Tem must act as Mayor during the
disability or absence of the Mayor and Mayor Pro Tem, and in this capacity has
the rights conferred upon the Mayor.
STAFF RECOMMENDATION:
Staff recommends electing the Deputy Mayor Pro Tem.
Item No. 7
City Secretary's use only
City Council Agenda
Staff Report
CITY OF ANNA, TEXAS Date: May 24, 2016
Staff Contact: City Manager
Exhibits: Attached
AGENDA SUBJECT:
These items consists of non -controversial or "housekeeping" items required by
law. Items may be considered individually by any Council Member making such
request prior to motion and vote on the Consent Items.
SUMMARY:
a. Approve the City Council minutes for May 10, 2016. (Carrie Smith)
b. Authorize the sale of a Fire Department vehicle. (Chief Gothard)
STAFF RECOMMENDATION:
Staff recommends approval of the consent items.
ANNA CITY COUNCIL
MINUTES
WORK SESSION
May 10, 2016
The City Council of the City of Anna met in Work Session on the above date at
Anna City Hall, located at 111 N. Powell Parkway (Hwy 5), regarding the following
items: I
1. Call to Order, Roll Call and Establishment of Quorum.
Mayor Crist called the meeting to order at 6:30 pm. 1k,41
Council Members Justin Burr, John Beazley, Chad Barnes, Nathan Bryan,
and Dick Dowd were present. Lauren Lovato was absent.
2. Discussion regarding FY 17 budget — Revenue Projections (Clayton
Fulton)
Finance Director presented preliminary information on property taxes, sales
tax, franchise fees, and development revenue. Historically, these revenue
sources have comprised 90% all General Fund Revenue.
Additionally, possible funding scenarios for roadways were discussed.
3. Briefing regarding wastewater treatment plant operations (Joseph
Johnson)
Public Works Director provided an overview of the TCEQ permit process
for the wastewater treatment plant.
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);
ETJ Boundary, Building Permit Requirements.
b. discuss or deliberate the purchase, exchange, lease, or value of
real property (Tex. Gov't Code §551.072); acquisition of right-of-
way, easements, and land for municipal facilities.
May 10, 2016
CC Work Session Minutes
c. discuss or deliberate personnel matters (Tex. Gov't Code
§551.074); City Attorney annual review.
MOTION: Council Member Barnes moved to enter closed session.
Council Member Dowd seconded. Motion carried 6-0. A
Mayor Crist recessed to closed session at 6:59 p.m.
Mayor Crist reconvened the open meeting at 7:07 p.m. 40
5. Consider/Discuss/Action on any items listed on the posted agenda'
or any closed session occurring during this meeting, as necessary.
MOTION: Council Member Burr moved to take no action. Council Member
Barnes seconded. Motion carried 6-0.
6. Adjourn.
MOTION: Council Member Dowd moved to adjourn. Council Member
Barnes seconded. Motion carried 6-0.
Mayor Crist adjourned the meeting at 7:08 p.m.
Approved on the 24th day of May, 2016.
ATTEST: to
City Secretary Carrie L. Smith Mayor Mike Crist
May 10, 2016
CC Work Session Minutes
2
ANNA CITY COUNCIL
MINUTES
REGULAR SESSION
May 10, 2016
The City Council of the City of Anna met in Regular Session on the above date at
Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the
following items.
1. Call to Order, Roll Call and Establishment of Quorum.
Mayor Crist called the meeting to order at 7:30 p.m.
Council Members Justin Burr, John Beazley, Chad Barnes, Nathan Bryan
and Dick Dowd were present. Lauren Lovato was absent.
2. Invocation and Pledge of Allegiance.
Mayor Crist led the 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.
No comments.
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.
May 10, 2016
CC Regular Session Minutes
Mayor Crist read and presented the proclamations.
a. Proclamations
i. National Public Works Week
ii. National Police Week
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 the City Council minutes for April 26, 2016. (Carrie
Smith)
b. Approve the City Council minutes for May 3, 2016. (Carrie
Smith)
c. Review EDC minutes for February 4, 2016 and March 3,
2016. (Jessica Perkins)
d. Review CDC minutes for February 4, 2016 and March 3,
2016. (Jessica Perkins)
e. Review Quarterly Investment Report. (Clayton Fulton)
f. Approve a resolution authorizing an RFP for Audit Services.
(Clayton Fulton)
RESOLUTION NO. 2016-05-169 A RESOLUTION
AUTHORIZING THE ISSUANCE OF A REQUEST FOR
PROPOSALS FOR INDEPENDENT FINANCIAL AUDIT
SERVICES.
g. Approve a Resolution approving a Final Plat of Anna
Crossing Phase 1 B. (Maurice Schwanke)
RESOLUTION NO. 2016-05-170 A RESOLUTION OF THE
CITY OFANNA, TEXAS APPROVING A FINAL PLAT OFANNA
CROSSING PHASE 1 B.
h. Approve a Resolution approving a negotiated settlement
between the Atmos Cities Steering Committee ("ACSC")
and Atmos Energy Corp., Mid -Tex Division regarding the
company's 2016 Rate Review Mechanism filings. (City
Manager)
RESOLUTION NO. 2016-05-171 AN RESOLUTION OF THE
CITY COUNCIL OF THE CITY OFANNA, TEXAS, APPROVING
A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS
May 10, 2016 2
CC Regular Session Minutes
CITIES STEERING COMMITTEE ('ACSC') AND ATMOS
ENERGY CORP., MID-TEX DIVISION REGARDING THE
COMPANY'S 2016 RATE REVIEW MECHANISM FILINGS;
DECLARING EXISTING RATES TO BE UNREASONABLE,
ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS
CONSISTENT WITH THE NEGOTIATED SETTLEMENT;
FINDING THE RATES TO BE SET BY THE SETTLEMENT
TARIFFS TO BE JUST AND REASONABLE AND IN THE
PUBLIC INTEREST; REQUIRING THE COMPANY TO
REIMBURSE ACSC'S REASONABLE RATEMAKING
EXPENSES; DETERMINING THAT THIS RESOLUTION WAS
PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF
THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS
CLAUSE; DECLARING AN EFFECTIVE DATE; AND
REQUIRING DELIVERY OF THIS RESOLUTION TO THE
COMPANY AND THE ACSC'S LEGAL COUNSEL.
MOTION: Council Member Barnes moved to approve Consent Agenda.
Dowd seconded. Motion carried 6-0.
6. Conduct a Public Hearing (1st) on the annexation of a 32.295 acre
tract of land located in the Henry Smith Survey, Abstract 0823.
(Maurice Schwanke)
Rob Adams, 1622 Taylor Blvd, Anna, TX 75409 — Mr. Adams is one of
the property owners affected by the annexation. He has a number of
questions and would like an opportunity to meet with staff.
Steven and Vernon Constien, Ferguson Pkwy, Anna, TX 75409 —
Property owners affected by the annexation spoke with Council about
extending the development agreement longer than three years.
Mayor Crist opened the public hearing at 7:53 p.m.
No comments.
Mayor Crist closed the public hearing at 7:53 p.m.
Consider/Discuss/Action regarding an Ordinance approving the
annexation of a 75.97 acre tract of land in the Joseph Slater
Schluter Survey, Abstract 856 located south of FM 455 and east of
Natural Springs Park. (Maurice Schwanke)
ORDINANCE NO. 719-2016 AN ORDINANCE ANNEXING INTO THE
CITY OF ANNA, TEXAS THE HEREINAFTER DESCRIBED
TERRITORY ADJACENT TO AND ADJOINING THE CITY OF ANNA,
TEXAS, TO WIT: BEING A CERTAIN AREA OF LAND SITUATED IN
THE JOSEPH SCHLUTER LAND SURVEY, ABSTRACT NUMBER
856, COUNTY OF COLLIN, STATE OF TEXAS; AMENDING THE
OFFICIAL CITY MAP; PROVIDING FOR A SERVICE PLAN;
May 10, 2016
CC Regular Session Minutes
3
REQUIRING THE FILING OF THIS ORDINANCE WITH THE COLLIN
COUNTY CLERK; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING FOR SEVERABILITY, PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING FOR AN
EFFECTIVE DATE.
The road is a gated private road and must be maintained by the property
owners as stated in the service plan.
MOTION: Council Member Burr moved to approve. Council Member
Dowd seconded. Motion carried 6-0.
8. Consider/Discuss/Action regarding a Resolution approving the
Fifth Agreement Amending the Subdivision Improvement
4f
Agreement for Anna Town Square. (City Manager) 4W
The City of Anna CCN overlaps the North Collin CCN in a defined area
located primarily east of Powell Parkway (SH 5). Per the terms of the
Settlement Agreement the City owes North Collin SLID $200 per acre
when property in the overlapping CCN area is developed and included
in a final plat.
A portion of the Anna Town Square development is located with an area
where the City of Anna CCN overlaps the North Collin CCN. As part of
the consideration for Skorburg Company's request for early release of
building permits in Anna Crossing, Phase 3A, the City is requesting that
Skorburg Company (represented as Anna Crossing AMC, Ltd.) agree to
pay the "buyout" fees owed to North Collin SLID under the CCN
Settlement Agreement. The fees owed to North Collin SLID to date for
the portions of Anna Crossing Phases 1A and 3A located in the
overlapping CCN area are approximately $5,430.
RESOLUTION NO. 2015-05-172 A RESOLUTION OF THE CITY OF
ANNA, TEXAS APPROVING THE FIFTH AGREEMENT AMENDING
THE SUBDIVISION IMPROVEMENT AGREEMENT FOR ANNA TOWN
SQUARE
MOTION: Council Member Barnes moved to approve. Council Member
Dowd seconded. Motion carried 6-0.
9. Consider/Discuss/Action regarding a Resolution approving the
First Agreement Amending Subdivision Improvement Agreement
for Anna Crossing, Phase 3A. (City Manager)
Prior to approval of this Amended Agreement, Staff has requested that
the Skorburg Co.; 1) address some minor outstanding issues related to
the Anna Town Square project; and 2) dedicate certain easements
necessary for the Foster Crossing Water line project. If all outstanding
May 10, 2016
CC Regular Session Minutes
issues are resolved, and the City receives the executed easements as
requested prior to the City Council meeting, Staff will recommend
approval of the attached Agreement. The Resolution includes a
provision requiring the Skorburg Company execute an agreement
concerning the payment of certain CCN fees owed by the City to the
North Collin SUD (see prior agenda item).
RESOLUTION NO. 2016-05-173 A RESOLUTION OF THE CITY OF
ANNA, TEXAS APPROVING THE FIRST AGREEMENT AMENDING
SUBDIVISION IMPROVEMENT AGREEMENT FOR ANNA
CROSSING, PHASE 3A
MOTION: Council Member Dowd moved to approve. Council Member
Beazley seconded. Motion carried 6-0. 40
10. Future Agenda Consideration: Ordinance amending building
permit requirements in the extraterritorial jurisdiction. (Mayor
Crist)
Council directed staff to perform addition research on the issue and bring
back to a future meeting in June.
11. Briefing/Discussion regarding 2016 ICSC Annual Conference.
(Jessica Perkins)
ICSC is the International Council of Shopping Centers and is the premiere
resource for retail real estate professionals.
RECon, held annually the 3rd week of May, is the global convention for the
shopping center industry and provides networking, deal making and
educational opportunities for retail real estate professionals. With over 36,000
attendees and 1,000 exhibitors, you can do a year's worth of business in just
three days.
RECon is the opportunity to meet retailers, view the latest industry products
and services, attend educational sessions or find the next retail deal.
For the last several years, the EDC has sent representation to the RECon
convention and has successfully built relationships with retailers we would like
to see locate in Anna. Both CVS and McDonalds are ICSC successes.
Currently, over 1,000 public officials or staff are registered to attend the 2016
RECon convention. Anna EDC staff has reached out to 25 retailers that will
be in attendance at the convention to discuss Anna as a location to open a
store.
May 10, 2016
CC Regular Session Minutes
5
12. 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:
N.
3
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);
ETJ Boundary, Building Permit Requirements. 4F 1 IML
discuss or deliberate the purchase, exchange, lease, or value of \
real property (Tex. Gov't Code §551.072); acquisition of right-of-
way, easements, and land for municipal facilities. ,
c. discuss or deliberate personnel matters (Tex. Gov't Code
§551.074); City Attorney annual review.
The Council further reserves the right to enter into closed session at any
time throughout any duly noticed meeting under any applicable
exception to the Open Meetings Act.
None.
13. Consider/Discuss/Action on any items listed on the posted agenda
or any closed session occurring during this meeting, as necessary.
No action.
14.Adjourn.
MOTION: Council Member Beazley moved to adjourn. Mayor Crist
seconded. Motion carried 6-0.
Mayor Crist adjourned the meeting at 8:19 p.m.
Approved on the 24th day of May, 2016.
City Secretary Carrie L. Smith Mayor Mike Christ
May 10, 2016
CC Regular Session Minutes
6
CITY OF ANNA, TEXAS
Item No. 7. b.
City Secretary's use only
City Council Agenda
Staff Report
Meeting Date:
Staff Contact:
Exhibits:
May 24, 2016
Chief Gothard
Attached.
AGENDA SUBJECT: Resolution authorizing the sale of surplus fire rehab
vehicle.
SUMMARY: The Fire Dept. currently has a 2003 Chevy Suburban that was
donated to the Department in 2010. The unit has been used as a Command
vehicle and then as a rehab service unit. The unit has been out of service over
the last several months due to mechanical issues, and is to be replaced with the
remount project of Brush 901 in the next month.
This unit will be placed up for auction and sold to the highest bidder.
STAFF RECOMMENDATION: Staff recommends the auction and sale of the
surplus 2003 Chevy Suburban Rehab vehicle.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE SALE OF A-
2003 CHEVY SUBURBAN REHAB VEHICLE VIN # 1GNGK26UX3R299020.
WHEREAS, the City Council ("Council") of the City of Anna, Texas ("City") wishes to sell
a certain surplus fire Rehab vehicle (2003 Chevy) VIN# 1 GNGK26UX3R299020; and
WHEREAS, the Council intends that said surplus fire Rehab vehicle (2003 Chevy) be,
sold to the highest bidder; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full
Section 2. Authorization to Sell Vehicle
The City Council hereby authorizes the City Manager to sell fire Rehab vehicle (2003
Chevy) VIN# 1GNGK26UX3R299020.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 24t"
day of May 2016.
ATTEST: APPROVED:
City Secretary Carrie L. Smith Mayor Mike Crist
CITY OF ANNA, TEXAS
Item No. 8
City Secretary's use only
City Council Agenda
Staff Report
Meetinq Date:
.staff rnntart-
Exhibits:
May 24, 2016
Joseph Johnson
Attached.
AGENDA SUBJECT: Resolution awarding the bid and approving a contract with
Excel Mulching and Trenching for the Throckmorton Creek Trunk Sewer Project.
SUMMARY: The Throckmorton Creek Trunk Sewer Project consists of 6,243
linear feet of 21" sanitary sewer along Throckmorton Creek generally between
Taylor Boulevard and Foster Crossing Road. The project is consistent with the
2014 Wastewater Capital Improvement Plan and is necessary to support
continued growth in the Throckmorton Creek Basin
On May 12, 2016 at 2:00 PM sealed bids were opened for this project.. Excel
Mulching & Trenching submitted the low base bid with a bid of $1,138,193.00.
Excel Mulching & Trenching also submitted a bid of $71,760.00 for Additive No. 1
to apply a protective coating to the manhole interiors and $5,000 for Additive No.
2 to abandon the existing lift station. We also accepted alternate bids for other
pipe materials but the savings were negligible and not our preferred pipe
material.
The City's consulting engineer has reviewed the bids and bidder qualifications
and recommends that the City of Anna award the contract to Excel Mulching &
Trenching to include the base bid and Additives 1 & 2 for a total contract amount
of $1,214,953.00.
There are funds available for this project in the Throckmorton Creek Interceptor
Fund using collected wastewater capital improvement and impact fees.
STAFF RECOMMENDATION: Staff recommends approval of this item.
CITY OF ANNA, TEXAS
RESOLUTION NO.
(Throckmorton Creek Trunk Sewer Line Bid)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT WITH EXCEL MULCHING & TRENCHING
FOR THE THROCKMORTON CREEK TRUNK SEWER LINE PROJECT.
WHEREAS, the Throckmorton Creek Trunk Sewer Line (the "Project") is needed in order to
remove an undersized lift station and allow for adequate collection system capacity in the
Throckmorton Creek Basin; and,
WHEREAS, the City Council of the City of Anna, Texas (the City Council) has previously
authorized the City Manager to solicit competitive bids for the Project; and,
WHEREAS, the City of Anna, having solicited competitive bids in accordance with State law,
opened said bids on May 12, 2016 at 2:00 P.M.; and,
WHEREAS, Excel Mulching & Trenching submitted the low base bid having submitted a bid
of $1,138,193.00; and,
WHEREAS, Excel Mulching & Trenching submitted a bid of $71,760.00 for Additive Number
1 and $5,000.00 for Additive Number 2; and, 1%
WHEREAS, the City of Anna's consulting engineer, having reviewed said bids and bidder's
qualifications has recommended award of the contract to Excel Mulching & Trenching; and,
WHEREAS, there are funds available for this Project in the Throckmorton Creek Interceptor
Fund using collected wastewater capital improvement and impact fees; and,
WHEREAS, the City Council desires to award the Project bid to and execute a contract with
Excel Mulching & Trenching 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. Authorization of Contract Award.
The City Council hereby approves the contract agreement with Excel Mulching & Trenching
for the Project, attached hereto as Exhibit A, and authorizes, ratifies and approves the City
Manager's execution of the same. The City Manager is hereby authorized to execute all
documents and to take all other actions necessary to finalize, act under, and enforce the
Agreement.
RESOLUTION NO.
(Throckmorton Creek Trunk Sewer Line Bid) Page 1
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 24t" day
of May 2016.
ATTEST:
RESOLUTION NO.
(Throckmorton Creek Trunk Sewer Line Bid) Page 2
BIRKHOFF, HENDRICKS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS
11910 Greenville Ave., Suite 600
JOHN W. BIRKHOFF, P.E.
GARY C HENDRICKS, P.E.
JOE R. CARTER, P.E.
MATT HICKEY, RE
ANDREW MATH, JR., P.E,
JOSEPH T GRAJEWSKI, III, P.E.
DEREK B. CHANEY, P E,
CRAIG M KERKHOFF, P. E,
Mr. Joseph Johnson
Director of Public Works
City of Anna
P.O. Box 776
Anna, Texas 75409
Re: Throckmorton Creek Trunk Sewer
Dear Mr. Johnson:
Dallas, Texas 75243 Fax (214) 461-8390
May 18, 2016
Phone (214) 361-7900
We have checked the bids received at 2:00 p.m., Thursday, May 12, 2016, for the Throckmorton Creek Trunk
Sewer project. We are enclosing six (6) copies of the Bid Summary and Itemized Bid Tabulation.
Excel Mulching and Trenching submitted the low base bid in the amount of $1,138,193.00. The additive
alternates for this project are in the amount of $76,760.00. We have reviewed their statement of qualifications
and references provided and find that Excel Trenching and Mulching. has a record of satisfactorily completing
projects similar to this project.
Accordingly, based on the information we have available to us, we recommend that the City accept the base bid
and additive alternates from Excel Trenching and Mulcing and award them a contract in the amount of
$1,214,953.00
We are available to discuss our recommendation further at your convenience.
Sincerely,
Araig`NM%Kl�erk/hoff, P.E.
Enclosures
cc: Mr. Philip Sanders
TBPE Firm 526 ACEC Wellness Firm =;� Better Decisions - Better Designs TBPLS Firm 100318-00
j:\c1erica1\anna\2014-144 throckmorton creek trunk sewerVettersWrecommendation docx
TRANSMITTAL OF ADDENDUM
INSTRUCTIONS:
Acknowledge receipt of Addenda in Proposal, on outer envelope of bid, AND WITH THE FORM
BELOW FAXED TO (214) 461-8390 or EMAIL TO: dhartr&,,bhcltP.coni upon receipt,
************************************************************************************
Addendum Acknowledgment FAX to (214) 461-8390 OR Email to: dhart(&bhcllD.com
t Acknowledge the receipt of Addendum No. 1
City of
ANNA, TEXAS
Project Name: THROCKMORTON CREEK TRUNK SEWER EXTENSION
By Facsimile Transmission on this date: May 6, 2016
Contractor's Si(Ti Zrc Company Name
E-Mail Address:xcEi�
"PLEASE SIGN & FAX THIS PAGE BACK TO (214) 461-8390"
OR
"EMAIL A STATEMENT ACKNOWLEDGING RECEIPT"
(Indicate Date Received as verification that you received this Addendum)
Total Number of Fax Pages: 12
{ Note: This Addendurn is being sent in PDF format with
page sizes being 8 -" x 11" and/or I F x 17" (or a
combination of both sizes), fo print au 11" x 17
Pt)l-' sheets. your print settings should be set Lit,
"Choose Paper Source by PDF Page Size".
j•lcic:ical\annwMId-W> th,n km wo.cniA lmnk I d-, - ! - Addendum No. I
TRANSMITTAL OF ADDENDUM
INSTRUCTIONS:
Acknowledge receipt of Addenda in Proposal, on outer envelope of bid, AND WITH THE FORM
BELOW FAXED TO (214) 461-8:390 or EMAIL TO: dhartPa.,bhcilp,cotat upon receipt.
Addendum Acknowledgment FAX to (214) 461-8390 OR Email to: dhartra`.hhcllp.com
I Acknowledge the receipt of Addendum No. 2
City of ANNA, TEXAS
Project Name: THROCKMORTON CREEK TRUNK SEWER EXTENSION
By Facsimile Transmission on this date: May I O, 2016
Contractor's StjnAre Company Nalne
E-Mail Address:
"PLEASE SIGN & FAX THIS PAGE BACK TO (214) 461-8390"
OR
"EMAIL A STATEMENT ACKNOWLEDGING RECEIPT"
(Indicate Date Received as verification that you received this Addendum)
Total Number of Fax Pages: 2
Note: This Addendum is being sent in PDF lariat with
page sizes being Biz" x 1 l" and/or 11" x 17" (ar a
combination of both sizes). To print an 11" x 17"
11DV sheeLs, your print settings should be set at:
"Choose Paper Source b_y PDF Page Size".
j 4-111 lhn kmai wi, creek m k do- - t • Addendum ,'Vo.
BID PROPOSAL
FOR
THROCKMORTON CREEK TRUNK SEWER EXTENSION
County Road 366 (W. Foster Crossing) To County Road 367 (Taylor Blvd.)
Recapitulations
TOTAL BID: $---
f, s
Notice of award will be mailed to the undersigned at the following addresses:
Contractor
A��re-
Principal Plade of Business
(Corp. Seal if Bidder is Corporation)
Attest:
Secretary -
Acknowledgment is hereby made of receipt of the following Addenda, if any:
No. Date:A4��z'e
No. Date f �,1—
►rel
Date:
List Subcontracts (Company name, contact number and type of work):
I %r1erica)annal2C' 4-144 Ihrcekmrnen creek trunk sewenspecsllecr-sper)' 2-p8Cs- dac
35A
Proposal and Bid Form
Addendum No. 1
CITY OF ANNA, TEXAS
Throckmorton Creek Trunk Sewer Extension
County Road 366 (W. Foster Crossing) to County Road 367 (Taylor Blvd.)
BID SCHEDULE
BASE BID
m
r
Estimated
Price in
I Extended
.
Quantity
Unit
Description and Price in Words
Figures
` Amount
1
�1
K!
4
4,288
21-Inch Sanitary Sewer ASTM F-1803, Closed
Profile PVC Gravity Pipe by Open Cut with
L.F Embedment
complete in place, tl�a sum of
Dollars
and
Cents per Linear Foot
21-Inch Sanitary SewerASTM F-1803, Closed
Profile PVC Gravity Pipe by Open Cut with
1,312 L.F. Embedment, Greater Than 20-Feet in Depth
complete in place, the sum of
Dollars
and
Cents per Linear Foot
21-Inch Sanitary Sewer ASTM F-1803, Closed
Profile PVC Gravity Pipe with 30" Steel
Encasement Pipe (1/4" Thick) by Other Than
260 L.F Open Cut
complete in place, the sum of
* .d
SSA• av
Dollars
and
Cents per Linear Foot
21-Inch Sanitary Sewer ASTM F-1803, Closed
Profile PVC Gravity Pipe with 30" Steel
Encasement Pipe (3/8" Thick) by Other Than s� S da
383 L.F. Open Cut
completpin place, the sum of
and
Cents oer Linear Foot
Dollars
/D'' eq",.do
-2rd 3t;�"
- 27A - Proposal and Bid Form
i r9r rnP,i nn Vf IJ- 44 1 hrockmnrt w .e_1: T—k r«h i• .i i.rtins..i,. Addendum No. 1
BASE BID
Item Estimated
Price in
Extended
No. Quantity
Unit
Description and Price in Words
Figures
Amount
Furnish & Install 5-Foot Dia. Manhole with
Pressure Type Frame & Cover (10-Foot
5 13
Ea
Standard Depth)
complete in place, the sum of /
-'72vel. oo
Dollars
and
Cents per Each
Furnish & Install 5-Foot Dia. Manhole with
Pressure Type Frame, Cover & Vent (10-Foot
6 4
Ea
Standard Depth)
complete in place, the sum of
Z
Dollars
and
Cents per Each
Furnish & Install 5-Foot Diameter Manhole with
Exterior Drop and Pressure Type Frame, Cover
7 3
Ea
and Vent (10-foot Standard Depth)
complete in place, the sum of A ,e T ,r
Dollars
and
Cents per Each
Repair and Connect to Existing Manhole with
8 1
Ea.
External Drop Connection
1/dooe da
/!aab . dry
complete in place, the sum of
e ,, !
Dollars
and
Cents per Each
9 1
Ea.
Connect to Existing Wet Well
complete in place, the sum of
�/D�a,oi>
41l,6Q_ 6'k
Dollars
and
Cents per Each
- 28A - Proposal and Bid Form
cir ,•r,� ,:rnia.u� ie„ �_„,rt„ �r—a s•.«sv2- r;i,s a,.., Addendum No. 1
BASE BID
Item Estimated
Price in
—
Extended
No. Quantity Unit Description and Price in Words
Figures
I
Furnish
Dollars
and
Cents per Linear Foot
ys0a
906
9aa.d"'
s,44� G sa. ea
1140 . Ad
-,/-7d , Da
_ 29A _ Proposal and Bid Form
i ',0-1:.r„A, fn k S.....;'i- Addendum No. 1
BASE BID
Item Estimated
Price in
Extended
No. Quantity Unit
I
Description and Price in Words
Figures
Amount
Furnish, Implement & Maintain Traffic Control
16 1 L.S. Plan
complete in place the sum of -
Dollars
and
Cents per Lump Sum
17 4 Ac. Furnish, Install & Maintain Hydromulch Seeding
complet in plac , the sum of
Dollars
and
Cents per Acre
18 200 V.F.
Extra Depth Manhole over 10-Feet
cofMplete in place, the sum of
/�S'Qa
.���• °�
Dollars
and
Cents per Vertical Foot
19 393 C.Y
Cement Stabilized Backfill
complete in lace, the sum of
S® Do
i9Gsa. ® o
Dollars
and
Cents per Cubic Yard
20 2 Ea
Project Signs
complete//.in place, the sum of _'4e
1aG.,.J/2J� rr�
�a1iQ• O
Dollars
and
Cents per Each
OTAL BASE BID (Items 1 Through 20)
- 30A - Proposal and Bid Form
c z,caH•\nnaL� J-1JJ Th.n,km000 C—h IN.,k I.—OSrx—• Iz h-s,z ii- ees z.<< Addendum No. 1
ADDITIVE ALTERNATE NO. 1
Item
Estimated
Price in
Extended
No.
Quantity
Unit
Descri tion and Price in Words
Figures
Amount
Furnish & Install Epoxy Liner System for 5-Foot
101
390
V.F
Dia. Manholes
complete in place, the sum of el-
o
7/1 74e• Q�
f d ,tom/
Dollars
and
Cents per Vertical Foot
AMOUNT OF ADDITIVE ALTERNATE NO. 1 (Item 101)
ADDITIVE ALTERNATE NO. 2
Item
Estimated
Price in
Extende
-21
No.
Quantity
Unit
Descri tion and Price in Words
Figures
Amount
201
L.S. Abandon Existing Lift Station
complete' place the sum of
and
Cents per Lump Sum
LINT OF ADDITIVE ALTERNATE NO. 2 (Item 201)
-31A-
J tC1eii-hA000\"_'0 W-I•W Th ocknwrton Ge;k Trunk Sew&.Spo.& ceh-Spe6I I -P ,BSC vltis
Dollars
Proposal and Bid Form
Addendum No. 1
BASE BID - ALTERNATE "A"
Installation ofASTM F-2736, Polypropylene (PP) Corrugated Double Wall Pipe, in lieu ofASTM F-1803, Closed
Profile PVC Gravity Pipe
Item Estimated
Price in
Extended
No. Quantity Unit Description and Price in Words
Figures
Amount
21-Inch Sanitary Sewer ASTM F-2736,
Polypropylene (PP) Corrugated Double Wall
1A 4,288 L.F. Pipe by Open Cut with Embedment
complete in place, the sum of
r�
Dollars
and
Cents per Linear Foot
21-Inch Sanitary Sewer ASTM F-2736,
Polypropylene (PP) Corrugated Double Wall
Pipe by Open Cut with Embedment, Greater
2A 1,312 L.F. Than 20-Feet in Depth
%-7.60
(6 0,:;
complete in place, the sum of
Dollars
and
Cents per Linear Foot
21-Inch Sanitary Sewer ASTM F-2736,
Polypropylene (PP) Corrugated Double Wall
Pipe with 30" Steel Encasement Pipe (1/4"
3A 260 L.F. Thick) by Other Than Open Cut
complete i place, the sum of
Dollars
and
Cents per Linear Foot
21-Inch Sanitary Sewer ASTM F-2736,
Polypropylene (PP) Corrugated Double Wall
Pipe with 30" Steel Encasement Pipe (3/8"
4A 383 L.F Thick) by Other Than Open Cut
compl to in place, the sum of
Dollars
and
Cents per Linear Foot
BASE BID - ALTERNATE "A" (Items 1A Through 4A)
22 4)j
BASE BID (Items 5 Through 20)
3y8 302.E
TOTAL BASE BID - ALTERNATE "A" (Items 1A - 4A plus Items 5 - 20)
- 32A - Proposal and Bid Form
Addendum No. 1
J TIedc.k%n n`201 1.144 Thnnkmurton Crock I nmk Sep r%Spcc '. Tech -Sp I I P,ZNS-1 � I�,�
R
10
0
BASE BID - ALTERNATE "B"
Installation ofASTM F-949, PVC Gravity Pipe, in lieu ofASTM F-1803, Closed Profrle PVC Gravity Pipe
Item Estimated
Price in
Extended
No. Quantity Unit Description and Price in Words
Figures
Amount
21-Inch Sanitary Sewer ASTM F-949, PVC
113 4,288 L.F Gravity Pipe by Open Cut with Embedment
complete in place, the sum of
7k"
ev
'0�cf/7,
Dollars
and
Cents per Linear Foot
21-Inch Sanitary Sewer ASTM F-949, PVC
Gravity Pipe by Open Cut with Embedment,
-79
2B 1,312 L.F. Greater Than 20-Feet in Depth
Ue d'
complete in place, the sum of
Dollars
and
Cents per Linear Foot
21-Inch Sanitary Sewer ASTM F-949, PVC
Gravity Pipe with 30" Steel Encasement Pipe
3B 260 L_F (1/4" Thick) by Other Than Open Cut
com,Plete in place, the sum of
60
1z/6
Dollars
and
Cents per Linear Foot
21-Inch Sanitary Sewer ASTM F-949, PVC
Gravity Pipe with 30" Steel Encasement Pipe
413 383 L.F. (3/8" Thick) by Other Than Open Cut
compI to in lace, the sum of
Dollars
and
Cents per Linear Foot
BASE BID - ALTERNATE "B" (items 11113 Through 4B)
T99 ,?sTCit�
BASE BID (Items 5 Through 20)
31/9 _?O Z
�TOTAL BASE BID -ALTERNATE "B" (Items 113 - 413 plus Items 5 - 20)
V/ /�4 :5 7
- 33A - Proposal and Bid Form
Addendum No. 1
I W1,1i,AA.0C. 4-144 1 h ockmo wn ( h Tmn6 S,w 2Sj?cQ0TM,-Sprnk.1 I PhHS-i xias
M,
dU
Ca
CITY OF ANNA, TEXAS
Throckmorton Creek Trunk Sewer Extension
County Road 366 (W. Foster Crossing) to County Road 367 (Taylor Blvd.)
SUMMARY OF BID
TOTAL BASE BID (Items 1 Through 20)
TOTAL BASE BID - ALTERNATE "A" (items 1A - 4A plus Items 5 - 20) $ !/?l .�
��—
TOTAL BASE BID - ALTERNATE "B" (Items 1 B - 4B plus Items 5 - 20) $_ ,//7 S7 - 3
AMOUNT OF ADDITIVE ALTERNATE NO 1 (Item 101)
AMOUNT OF ADDITIVE ALTERNATE NO. 2 (Item 201)
W13WMIP is
NOTE:
Based upon the best interest of the City, the City reserves the right to award a single contract to a single
Contractor based on the lowest acceptable Base Bid, or a combination of the Base Bid plus the Additive
Alternate Bid Nos. 1 & 2; or any combination of either Base Bid - Alternate "A" or "B".
- 34A ••
JTied,-40AnnaQ014-14-1 rhiockmorton CrcckTvnk S(:u•c0'Shes\Tec11I I-I'e,I)S-1.slst
Proposal and Bid Form
Addendum No. 1
CONTRACT AGREEMENT
THIS Throckmorton Creek Trunk Sewer Extension 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 Excel Mulching & Trenching ("Contractor"),
located at
WITNESSETH:
WHEREAS, the City wishes to contract for the project identified as Throckmorton Creek Trunk
Sewer Extension (the "Project"); and
WHEREAS, the Project shall include all work and activities necessary to complete the following
scope of work (hereinafter referenced as "Work"):
THROCKMORTON CREEK TRUNK SEWER EXTENSION
County Road 366 (W. Foster Crossing) To County Road 367 (Taylor Blvd.)
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;
Request for Certificate of Exemption from Texas Limited Sales, Excise and Use Tax;
Contract Agreement;
Bidders Bond;
Performance Bond;
Payment Bond;
Maintenance Bond;
c:\users\jjohnson\desktop\5-24-16 council\throckmorton creek trunk sewer bid award\13-agreement.doc CA-1 Contract Agreement
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,'
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
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.
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.
c:\users\jjohnson\desktop\5-24-16 council\throckmorton creek trunk sewer bid award\13-agreement.doc CA-2 Contract Agreement
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 drawings, 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.
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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 certificate(s) 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 Completion (as defined herein below) of the Project not more than One
Hundred Eighty (180) calendar days following the issuance of the Notice to Proceed,
(sometimes hereinafter referred to as the "Contract Time"). This Contract Time includes Ten
(10) 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 The Contractor shall pay the City the sum of $500 per day for each and every calendar day of
unexcused delay in achieving Substantial Completion beyond the date set forth herein for
Substantial Completion. 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
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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 within 10 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
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
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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 $1,214,953.00.
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 1011 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.
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(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 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
the 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 man,
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:
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(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 Contractor;
(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
damages, and less 150% 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
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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
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.
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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
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:
NAMF FUNCTION
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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
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;
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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
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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 negligence 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:
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
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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.
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).
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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 and
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 not -to -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
(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.
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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.
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:
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.
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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)'
+ 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
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
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.
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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 CONTRACTOR'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 13.07 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).
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
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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
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
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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.
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.
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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
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
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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.
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.
c:\users\jjohnson\desktop\5-24-16 council\throckmorton creek trunk sewer bid award\13-agreement.doc CA-22 Contract Agreement
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 a City -issued building
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:
c:\users\jjohnson\desktop\5-24-16 council\throckmorton creek trunk sewer bid award\13-agreement.doc CA-23 Contract Agreement
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 person(s) 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:
Carrie Smith, City Secretary
(SEAL)
Excel Mulching & Trenching
(name and title of authorized representative)
ATTEST:
SECRETARY
(SEAL)
c:\users\jjohnson\desktop\5-24-16 council\throckmorton creek trunk sewer bid award\13-agreement.doc CA-24 Contract Agreement
CITY OF ANNA, TEXAS
Throckmorton Creek Trunk Sewer Extension
County Road 366 (W. Foster Crossing) to County Road 367 (Taylor Blvd.)
BID SUMMARY
Bids Received at 2:00 p.m., Thursday, May 12, 2016
BASE BID -ALTERNATES
ADDITIVE ALTERNATE
BIDS
BASE BID
Alternate "A"
Alternate "B"
Additive No. 1 _T
Additive No. 2
Contractor
(Items 1 - 20)
(lA-4A plus 5-20)
(1B-4B lus 5-20)
(Item 101)
(Item 201)
1.
Excel Mulching & Trenching
2228 S.E. Loop 59
Carthage, Texas 75633
$
1,138,193.00
$
1,131,526.00
$
1,147,657.00
$
71,760.00
$
5,000.00
2.
Wildstone Construction, LLC
800 N. Main St.
Keller, Texas 76248
$
1,220,902.00
$
1,147,272.00
$
1,128,120.00
$
68,250.00
$
5,200.00
3.
Dickerson Construction Co., Inc.
P.O. Box 181
Celina, Texas 75009
$
1,312,674.00
$
1,243,814.00
$
1,265,141.00
$
74,100.00
$
15,750.00
4.
Venus Construction Company
1426 S. Main St.
Mansfield, Texas 76063
$
1,663,225.00
$
1,620,345.00
$
1,620,345.00
$
81,900.00
$
24,000.00
5.
C3 Site Construction, L.L.C.
P.O. Box 561
Gunter, Texas 75058
$
1,741,981.00
$
1,710,766.00
$
1,710,766.00
$
73,320.00
$
5,000.00
6.
Dowager Utility Construction, Ltd.
2464 Manana Dr.
Dallas, Texas 75220
$
1,833,160.00
$
1,758,244.00
$
1,770,730.00
$
117,000.00
$
20,000.00
7.
Mountain Cascade of Texas, LLC
11729 East F.M. 917
Alvarado, Texas 76009
$
2,307,480.00
$
2,232,564.00
$
2,226,321.00
$
64,350.00
$
4,000.00
8.
Atkins Bros. Equipment Co., Inc.
3516 Old Fort Worth Rd.
Midlothian, Texas 76065
$
2,531,646.00
$
2,813,051.00
$
2,590,246.00
$
85,800.00
$
5,000.00
J:\C1eriea1\Ama\2014-144 Throckmorton Creek Trunk Sewer\Specs\Tech-Spec\11-P&BS-2.x1sx
TABULATION OF BIDS
Date: May 12, 2016
Project: CITY OF ANNA, TEXAS BIRKHOFF, HENDRICKS & CARTER, L.L.P.
Throckmorton Creek Trunk Sewer Extension PROFESSIONAL ENGINEERS
County Road 366 (W. Foster Crossing) to County Road 367 (Ta Dallas, Texas
BID OF
Excel Mulching & Trenching
2228 S.E. Loop 59
Carthage, Texas 75633
BID OF
Wildstone Construction, LLC
800 N. Main St.
Keller, Texas 76248
BID OF
Dickerson Construction Co., Inc.
P.O. Box 181
Celina, Texas 75009
BID OF
Venus Construction Company
1426 S. Main St.
Mansfield, Texas 76063
Item
No.
Approximate
Quantities
Unit
Descri tion
Unit Bid
Price
Extension
Unit r
Price
Extension
Unit r
Price
Extension
nrt Bid
Price
I Extension
BASE BID
1
41288
L.F.
21-Inch Sanitary Sewer ASTM F-1803, Closed Profile PVC Gravity Pipe by Open Cut with
Embedment
$75.00
$ 321,600.00
$78.00
$ 334,464.00
$75.00
$ 321,600.00
$145.00
S 621,760.00
2
1.312
L.F.
21-Inch Sanitary Sewer ASTM F-1803, Closed Profile PVC Gravity Pipe by Open Cut with
Embedment, Greater Than 20-Feet in Depth
$83.00
$ 108,896.00
$117.00
$ 153,504.00
$140.00
$ 183,680.00
$145.00
$ 190,240.00
3
260
L.F.
21-Inch Sanitary Sewer ASTM F-1803, Closed Profile PVC Gravity Pipe with 30" Steel
Encasement Pipe (1/4" Thick) by Other Than Open Cut
$550.00
$ 143,000.00
$580.00
$ 150,800.00
$550.00
$ 143,000.00
$875.00
$ 227,500.00
4
383
L.F.
21-Inch Sanitary Sewer ASTM F-1803, Closed Profile PVC Gravity Pipe with 30" Steel
Encasement Pipe (3/8" Thick) by Other Than Open Cut
$565.00
$ 216,395.00
$640.00
$ 245,120.00
$760.00
$ 291,080.00
$765.00
$ 292,995.00
5
13
Ea.
Furnish & Install 5-Foot Dia. Manhole with Pressure Type Frame & Cover (I0-FootStandard
Depth)
$7,200.00
$ 93,600.00
$5,100.00
$ 66,300.00
$5,750.00
$ 74,750.00
$6,000.00
$ 78,000.00
6
4
Ea.
Furnish & Install 5-Foot Dia. Manhole with Pressure Type Frame, Cover & Vent (10-Foot
1 Standard Depth)
$11,000.00
$ 44,000.00
$9,000.00
$ 36,000.00
$11,000.00
$ 44,000.00
$10,500.00
$ 42,000.00
7
3
Ea.
Furnish & Install 5-Foot Diameter Manhole with Exterior Drop and Pressure Type Frame, Cover
I and Vent (I0-footStandard Depth)
$19,700.00
$ 59,100.00
$13,400.00
$ 40,200.00
$16,000.00
$ 48,000.00
$18,000.00
$ 54,000.00
8
1
Ea.
Repair and Connect to Existing Manhole
$11,000.00
$ 11,000.00
$2,400.00
$ 2,400.00
$4,750.00
$ 4,750.00
$7,000.00
$ 7,000.00
9
1
Ea.
Connect to Existing Wet Well
$4,000.00
$ 4,000.00
$1,800.00
$ 1,800.00
$2,500.00
$ 2,500.00
$2,700.00
$ 2,700.00
10
20
L.F.
Furnish and Install 12-hich P.V.C. Sanitary Sewer Stubout
$45.00
$ 900.00
$68.00
$ 1,360.00
$150.00
$ 3,000.00
$33.00
$ 660.00
11
1,103
L.F.
Remove and Replace Barbed Wire Fence
$9.00
$ 9,927.00
$13.00
$ 14,339.00
$8.00
$ 8,824.00
$15.00
$ 16,545.00
12
26
L.F.
Remove and Replace Chain Link Fence
$25.00
$ 650.00
$32.00
$ 832.00
$30.00
$ 780.00
$30.00
$ 780.00
13
1
L.S.
Furnish, Implement & Maintain Storm Water Pollution Prevention Plan
$9,000.00
$ 9,000.00
$18,000.00
$ 18,000.00
$10,500.00
$ 10,500.00
$20,000.00
$ 20,000.00
14
1
L.S.
Design Trench Safety Plan
$1,100.00
$ 1,100.00
$660.00
$ 660.00
$1,500.00
$ 1,500.00
$1,500.00
$ 1,500.00
15
5,445
L.F.
Provide Trench Safety Systems
$6.00
$ 32,670.00
$3.00
$ 16,335.00
$5.00
$ 27,225.00
$1.00
$ 5,445.00
16
1
L.S.
Furnish, Implement & Maintain Traffic Control Plan
$4,505.00
$ 4,505.00
$8,200.00
$ 8,200.00
$2,500.00
$ 2,500.00
$3,500.00
$ 3,500.00
17
4
Ac.
Furnish, Install & Maintain H dromulch Seeding
$5,000.00
$ 20,000.00
$3,300.00
$ 13,200.00
$4,250.00
$ 17,000.00
$2,500.00
$ 10,000.00
18
200
V.F.
Extra Depth Manhole over 10-Feet
$185.00
$ 37,000.00
$350.00
$ 70,000.00
$350.00
$ 70,000.00
$240.00
$ 48,000.00
19
393
C.Y.
Cement Stabilized Backfill
$50.00
$ 19,650.00
$116.00
$ 45,588.00
$145.00
$ 56,985.00
$100.00
$ 39,300.00
20
2
Ea.
Project Signs
$600.00
$ 1,200.00
$900.00
$ 1,800.00
$500.00
$ 1,000.00
$650.00
$ 1,300.00
TOTAL BASE BID Items 1 Through 20
$ 1,138,193.00
$ 1,220,902.00
$ 1,312,674.00
$ 1,663,225.00
ADDITIVE ALTERNATE NO. 1
101
390
V.F.
Furnish & Install Epoxy Liner System for 5-Foot Dia. Manholes
$184.00
$ 71,760.00
$175.00
$ 68,250.00
$190.00
$ 74,100.00
$210.00
$ 81,900.00
ADDITIVE ALTERNATE NO. 2
201
1
L.S.
Abandon Existing Lift Station
$5,000.00
$ 5,000.00
$5,200.00
$ 5,200.00
$15,750.00
1 $ 15,750.00
$24,000.00
1 $ 24,000.00
JAC1eriea1\Ama\2014-144 Throckmorton Creek Trunk Sewer\Specs\Tech-Spec\l1-P&BS-2.xlsx Page I Of 4
TABULATION OF BIDS
Date: May 12, 2016
Project: CITY OF ANNA, TEXAS BIRKHOFF, HENDRICKS & CARTER, L.L.P.
Throckmorton Creek Trunk Sewer Extension PROFESSIONAL ENGINEERS
County Road 366 (W. Foster Crossing) to County Road 367 (Ta Dallas, Texas
BID OF
Excel Mulching & Trenching
2228 S.E. Loop 59
Carthage, Texas 75633
BID OF
Wildstone Construction, LLC
800 N. Main St.
Keller, Texas 76248
BID OF
Dickerson Construction Co., Inc.
P.O. Box 181
Celina, Texas 75009
BID OF
Venus Construction Company
1426 S. Main St.
Mansfield, Texas 76063
Item
No.
Approximate
Quantities
Unit
Descri tion
Unit Bid
Price
Extension
Unit >
Price
Extension
Unit
Price
Extension
nrt Bid
Price
I Extension
BASE BID - ALTERNATE "A"
1A
4,288
L.F.
21-Inch Sanitary Sewer ASTM F-2736, Polypropylene (PP) Corrugated Double Wall Pipe by
Open Cut with Embedment
$75.00
$ 321,600.00
$66.00
$ 283,008.00
$65.00
$ 278,720.00
$135.00
$ 578,880.00
2A
1,312
L.F.
21-Inch Sanitary Sewer ASTM F-2736, Polypropylene (PP) Corrugated Double Wall Pipe by
I Open Cut with Embedment, Greater Than 20-Feet in Depth
$77.00
$ 101,024.00
$105.00
$ 137,760.00
$130.00
$ 170,560.00
$145.00
$ 190,240.00
3A
260
L.F.
121 -Inch Sanitary Sewer ASTM F-2736, Polypropylene (PP) Corrugated Double Wall Pipe with
30" Steel Encasement Pipe (1/4" Thick) by Other Than Open Cut
$562.00
$ 146,120.00
$570.00
$ 148,200.00
$530.00
$ 137,800.00
$875.00
$ 227,500.00
4A
383
L.F.
21-Inch Sanitary Sewer ASTM F-2736, Polypropylene (PP) Corrugated Double Wall Pipe with
30" Steel Encasement Pipe (3/8" Thick) by Other Than Open Cut
$560.00
$ 214,480.00
$630.00
$ 241,290.00
$740.00
$ 283,420.00
$765.00
$ 292,995.00
BASE BID - ALTERNATE "A" (Items 1A Through 4A)
$ 783,224.00
$ 810,258.00
$ 870 500.00
$ 1289 615.00
BASE BID(Items 5 Through 20)
$ 348,302.00
$ 337,014.00
$ 373,314.00
$ 330 730.00
TOTAL BASE BID - ALTERNATE "A"(Items 1A - 4A plus Items 5 - 20)
$ 1,131,526.00
$ 1,147,272.00
$ 1,243,814.00
$ 1,620,345.00
BASE BID - ALTERNATE "B"
113
4,288
L.F.
21-hich Sanitary Sewer ASTM F-949, PVC Gravity Pipe by Open Cut with Embedment
$78.00
$ 334,464.00
$63.00
$ 270,144.00
$68.00
$ 291,584.00
$135.00
$ 578,880.00
2B
1,312
L.F.
21-hich Sanitary Sewer ASTM F-949, PVC Gravity Pipe by Open Cut with Embedment, Greater
Than 20-Feet in Depth
$79.00
$ 103,648.00
$101.00
$ 132,512.00
$134.00
$ 175,808.00
$145.00
$ 190,240.00
3B
260
L.F.
21-Inch Sanitary Sewer ASTM F-949, PVC Gravity Pipe with 30" Steel Encasement Pipe (1/4"
Thick) by Other Than Open Cut
$563.00
$ 146,380.00
$566.00
$ 147,160.00
$535.00
$ 139,100.00
$875.00
$ 227,500.00
4B
383
L.F.
21-hich Sanitary Sewer ASTM F-949, PVC Gravity Pipe with 30" Steel Encasement Pipe (3/8"
Thick) by Other Than Open Cut
$561.00
$ 214,863.00
$630.00
$ 241,290.00
$745.00
$ 285,335.00
$765.00
S 292,995.00
BASE BID - ALTERNATE "B" (Items 1B Through 4B)
$ 799 355.00
$ 791 106.00
$ 891 827.00
$ 1,289,615.00
BASE BID(Items 5 Through 20)
S 348 302.00
$ 337 014.00
$ 373 314.00
$ 330 730.00
TOTAL BASE BID - ALTERNATE "B"(Items 1B - 4B plus Items 5 - 20)
$ 1,147,657.00
$ 1,128,120.00
$ 1,265,141.00
$ 1,620,345.00
JAC1erica1\Ama\2014-144 Throckmorton Creek Trunk Sewer\Specs\Tech-Spec\l1-P&BS-2.xlsx Page 2 Of 4
TABULATION OF BIDS
Date: May 12, 2016
Project: CITY OF ANNA, TEXAS BIRKHOFF, HENDRICKS & CARTER, L.L.P.
Throckmorton Creek Trunk Sewer Extension PROFESSIONAL ENGINEERS
County Road 366 (W. Foster Crossing) to County Road 367 (Ta Dallas, Texas
BID OF
C3 Site Construction, L.L.C.
P.O. Box 561
Gunter, Texas 75058
BID OF
Dowager Utility Construction, Ltd.
2464 Manana Dr.
Dallas, Texas 75220
BID OF
Mountain Cascade of Texas, LLC
11729 East F.M. 917
Alvarado, Texas 76009
BID OF
Atkins Bros. Equipment Co., Inc.
3516 Old Fort Worth Rd.
Midlothian, Texas 76065
Item
No.
Approximate
Quantities
Unit
Description
Unit Bid
Price
Extension
nrt >
Price
Extension
nit i
Price
Extension
Unit r
Price
Extension
BASE BID
1
41288
L.F.
21-Inch Sanitary Sewer ASTM F-1803, Closed Profile PVC Gravity Pipe by Open Cut with
Embedment
$155.00
$ 664,640.00
$130.00
$ 557,440.00
$172.00
$ 737,536.00
$250.00
$ 1,072,000.00
2
1.312
L.F.
21-Inch Sanitary Sewer ASTM F-1803, Closed Profile PVC Gravity Pipe by Open Cut with
Embedment, Greater Than 20-Feet in Depth
$175.00
$ 229,600.00
$180.00
$ 236,160.00
$172.00
$ 225,664.00
$248.00
$ 325,376.00
3
260
L.F.
21-Inch Sanitary Sewer ASTM F-1803, Closed Profile PVC Gravity Pipe with 30" Steel
Encasement Pipe (1/4" Thick) by Other Than Open Cut
$605.00
$ 157,300.00
$960.00
$ 249,600.00
$1,300.00
$ 338,000.00
$860.00
$ 223,600.00
4
383
L.F.
21-Inch Sanitary Sewer ASTM F-1803, Closed Profile PVC Gravity Pipe with 30" Steel
Encasement Pipe (3/8" Thick) by Other Than Open Cut
$605.00
$ 231,715.00
$1,040.00
$ 398,320.00
$1,650.00
$ 631,950.00
$890.00
$ 340,870.00
5
13
Ea.
Furnish & Install 5-Foot Dia. Manhole with Pressure Type Frame & Cover (I0-FootStandard
Depth)
$8,280.00
$ 107,640.00
$6,000.00
$ 78,000.00
$10,000.00
$ 130,000.00
$10,000.00
$ 130,000.00
6
4
Ea.
Furnish & Install 5-Foot Dia. Manhole with Pressure Type Frame, Cover & Vent (10-Foot
1 Standard Depth)
$11,472.00
$ 45,888.00
$7,400.00
$ 29,600.00
$10,000.00
$ 40,000.00
$16,000.00
$ 64,000.00
7
3
Ea.
Furnish & Install 5-Foot Diameter Manhole with Exterior Drop and Pressure Type Frame, Cover
I and Vent (I0-footStandard Depth)
$14,907.00
$ 44,721.00
$8,600.00
$ 25,800.00
$15,000.00
$ 45,000.00
$22,000.00
$ 66,000.00
8
1
Ea.
Repair and Connect to Existing Manhole
$5,743.00
$ 5,743.00
$10,000.00
$ 10,000.00
$10,000.00
$ 10,000.00
$5,000.00
$ 5,000.00
9
1
Ea.
Connect to Existing Wet Well
$3,224.00
$ 3,224.00
$10,000.00
$ 10,000.00
$10,000.00
$ 10,000.00
$17,000.00
$ 17,000.00
10
20
L.F.
Furnish and Install 12-Inch P.V.C. Sanitary Sewer Stubout
$66.00
$ 1,320.00
$100.00
$ 2,000.00
$80.00
$ 1,600.00
$5,000.00
$ 100,000.00
11
1,103
L.F.
Remove and Replace Barbed Wire Fence
$6.00
$ 6,618.00
$10.00
$ 11,030.00
$10.00
$ 11,030.00
$20.00
$ 22,060.00
12
26
L.F.
Remove and Replace Chain Link Fence
$12.00
$ 312.00
$20.00
$ 520.00
$30.00
$ 780.00
$25.00
$ 650.00
13
1
L.S.
Furnish, Implement & Maintain Storm Water Pollution Prevention Plan
$6,500.00
$ 6,500.00
$30,000.00
$ 30,000.00
$20,000.00
$ 20,000.00
$30,000.00
$ 30,000.00
14
1
L.S.
Design Trench Safety Plan
$20,000.00
$ 20,000.00
$2,000.00
$ 2,000.00
$1,000.00
$ 1,000.00
$900.00
$ 900.00
15
5,445
L.F.
Provide Trench Safety Systems
$16.00
$ 87,120.00
$6.00
$ 32,670.00
$1.00
$ 5,445.00
$4.00
$ 21,780.00
16
1
L.S.
Furnish, Implement & Maintain Traffic Control Plan
$6,200.00
$ 6,200.00
$3,000.00
$ 3,000.00
$10,000.00
$ 10,000.00
$900.00
$ 900.00
17
4
Ac.
Furnish, Install & Maintain H dromulch Seeding
$6,600.00
$ 26,400.00
$5,000.00
$ 20,000.00
$3,000.00
$ 12,000.00
$5,000.00
$ 20,000.00
18
200
V.F.
Extra Depth Manhole over 10-Feet
$318.00
$ 63,600.00
$400.00
$ 80,000.00
$230.00
$ 46,000.00
$300.00
$ 60,000.00
19
393
C.Y.
Cement Stabilized Backfill
$80.00
$ 31,440.00
$140.00
$ 55,020.00
$75.00
$ 29,475.00
$70.00
$ 27,510.00
20
2
Ea.
Project Signs
$1,000.00
$ 2,000.00
$1,000.00
$ 2,000.00
$1,000.00
$ 2,000.00
$2,000.00
$ 4,000.00
TOTAL BASE BID Items 1 Through 20
$ 1,741,981.00
$ 1,833,160.00
$ 2,307,480.00
$ 2,531,646.00
ADDITIVE ALTERNATE NO. 1
101
390
V.F.
Furnish & Install Epoxy Liner System for 5-Foot Dia. Manholes
$188.00
$ 73,320.00
$300.00
$ 117,000.00
$165.00
$ 64,350.00
$220.00
$ 85,800.00
ADDITIVE ALTERNATE NO. 2
201
1
L.S.
Abandon Existing Lift Station
$5,000.00
$ 5,000.00
$20,000.00
$ 20,000.00
$4,000.00
$ 4,000.00
$5,000.00
1 $ 5,000.00
J:\C1eriea1\Ama\2014-144 Throckmorton Creek Trunk Sewer\Specs\Tech-Spec\l1-P&BS-2.xlsx Page 3 of 4
TABULATION OF BIDS
Date: May 12, 2016
Project: CITY OF ANNA, TEXAS BIRKHOFF, HENDRICKS & CARTER, L.L.P.
Throckmorton Creek Trunk Sewer Extension PROFESSIONAL ENGINEERS
County Road 366 (W. Foster Crossing) to County Road 367 (Ta Dallas, Texas
BID OF
C3 Site Construction, L.L.C.
P.O. Box 561
Gunter, Texas 75058
BID OF
Dowager Utility Construction, Ltd.
2464 Manana Dr.
Dallas, Texas 75220
BID OF
Mountain Cascade of Texas, LLC
11729 East F.M. 917
Alvarado, Texas 76009
BID OF
Atkins Bros. Equipment Co., Inc.
3516 Old Fort Worth Rd.
Midlothian, Texas 76065
Item
No.
Approximate
Quantities
I Unit
Description
Unit Bid
Price
Extension
nrt >
Price
Extension
mt Bid
Price
Extension
it Bid
Price
Extension
BASE BID - ALTERNATE "A"
1A
4,288
L.F.
21-Inch Sanitary Sewer ASTM F-2736, Polypropylene (PP) Corrugated Double Wall Pipe by
Open Cut with Embedment
$150.00
$ 643,200.00
$118.00
$ 505,984.00
$160.00
$ 686,080.00
$297.00
$ 1,273,536.00
2A
1,312
L.F.
21-Inch Sanitary Sewer ASTM F-2736, Polypropylene (PP) Corrugated Double Wall Pipe by
Open Cut with Embedment, Greater Than 20-Feet in Depth
$170.00
$ 223,040.00
$168.00
$ 220,416.00
$160.00
$ 209,920.00
$288.00
$ 377,856.00
3A
260
L.F.
121 -Inch Sanitary Sewer ASTM F-2736, Polypropylene (PP) Corrugated Double Wall Pipe with
30" Steel Encasement Pipe (1/4" Thick) by Other Than Open Cut
$600.00
$ 156,000.00
$948.00
$ 246,480.00
$1,288.00
$ 334,880.00
$902.00
$ 234,520.00
4A
383
L.F.
21-Inch Sanitary Sewer ASTM F-2736, Polypropylene (PP) Corrugated Double Wall Pipe with
30" Steel Encasement Pipe (3/8" Thick) by Other Than Open Cut
$600.00
$ 229,800.00
$1,028.00
$ 393,724.00
$1,638.00
$ 627,354.00
$933.00
S 357,339.00
BASE BID - ALTERNATE "A" (Items 1A Through 4A)
$ 1,252,040.00
$ 1,366,604.00
$ 1858 234.00
$ 2,243,251.00
BASE BID(Items 5 Through 20)
$ 458 726.00
$ 391 640.00
$ 374 330.00
$ 569,800.00
TOTAL BASE BID - ALTERNATE "A"(Items 1A - 4A plus Items 5 - 20)
$ 1,710,766.00
$ 1,758,244.00
$ 2,232,564.00
$ 2,813,0.51.00
BASE BID - ALTERNATE "B"
113
4,288
L.F.
21-hich Sanitary Sewer ASTM F-949, PVC Gravity Pipe by Open Cut with Embedment
$150.00
$ 643,200.00
$120.00
$ 514,560.00
$159.00
$ 681,792.00
$260.00
$ 1,114,880.00
2B
1,312
L.F.
21-hich Sanitary Sewer ASTM F-949, PVC Gravity Pipe by Open Cut with Embedment, Greater
Than 20-Feet in Depth
$170.00
$ 223,040.00
$170.00
$ 223,040.00
$159.00
$ 208,608.00
$258.00
$ 338,496.00
3B
260
L.F.
21-Inch Sanitary Sewer ASTM F-949, PVC Gravity Pipe with 30" Steel Encasement Pipe (1/4"
Thick) by Other Than Open Cut
$600.00
$ 156,000.00
$950.00
$ 247,000.00
$1,287.00
$ 334,620.00
$870.00
$ 226,200.00
4B
383
L.F.
21-hich Sanitary Sewer ASTM F-949, PVC Gravity Pipe with 30" Steel Encasement Pipe (3/8"
Thick) by Other Than Open Cut
$600.00
$ 229,800.00
$1,030.00
$ 394,490.00
$1,637.00
$ 626,971.00
$890.00
$ 340,870.00
BASE BID - ALTERNATE "B" (Items 1B Through 4B)
$ 1,252,040.00
$ 1,379,090.00
$ 1,851,991.00
S 2,020,446.00
BASE BID(Items 5 Through 20
$ 458 726.00
$ 391 640.00
$ 374 330.00
$ 569 800.00
TOTAL BASE BID - ALTERNATE "B"(Items 1B - 4B plus Items 5 - 20
$ 1,710,766.00
$ 1,770,730.00
$ 2,226,321.00
$ 2,590,246.00
J:\C1erica1\Ama\2014-144 Throckmorion Creek Trunk Sewer\Specs\Tech-Spec\l1-P&BS-2.xlsx Page 4 of 4
CITY OF ANNA, TEXAS
Item No. 9
City Secretary's use only
City Council Agenda
Staff Report
Meetinq Date:
.staff rnntart-
Exhibits:
May 24, 2016
Maurice Schwanke
Yes
AGENDA SUBJECT: Consider/Discuss/Action on a Resolution instituting
Annexation proceedings and setting the dates, times and places for public
hearings for the annexation of a 32.295 acre tract of land located in the Henry
Smith Survey, Abstract No. 0823.
SUMMARY: On March 22nd, the City Council approved a Resolution setting
dates and times for public hearings to be held in connection with the annexation
of a 32.295 acre tract of land located at the NW corner of Taylor and Ferguson
Parkway. The first public hearing was held on May 10t". Due to an oversight, the
public notice for the 2nd public hearing was not published. As a result we will
need to start the annexation proceeding over with a Resolution setting new dates
for the required public hearings. New letters will be sent to all the affected
property owners.
This proposed annexation involves approximately 32.295 acres of land. The
area contains 5 parcels of property with 5 single family homes and is bounded on
three sides by neighborhoods that are inside the city limits. All five properties
currently have City water service.
The Resolution (if approved) would initiate or begin annexation proceedings of
the area shown on the attached Exhibit. If the Resolution is adopted, the City will
schedule two public hearings that will be held during the regular City Council
Meetings on June 28t" and July 12t". During the first public hearing, Staff will
present a plan that will explain how the city will fulfill its obligation to extend full
municipal services to the properties being annexed. A final vote on the
annexation would be scheduled on August 9t"
Prior to annexing properties that are appraised for property tax purposes as land
for agricultural, wildlife management use, or as timber land (as defined in
Subchapter C, D, or E Chapter 23, Tax Code) the City is required to offer to
make a development agreement with the landowner. Such a development
agreement would:
1) guarantee the continuation of the extraterritorial (outside the city limits)
status of the property for a period of time; and
2) authorize the enforcement of all regulations and planning authority of the
city that do not interfere with the use of the property for agriculture, wildlife
management, or timber.
The City could elect to proceed with annexation of property with a qualifying tax
exemption if the owner declines a development agreement offer extended by the
City. The Council may elect to extend the same development agreement offer to
the owners of properties that do not have a qualifying tax exemption.
The attached Resolution directs the City Manager offer the Development
Agreement referenced in the Resolution as Exhibit B to all the property owners
within the area proposed for annexation regardless of whether their property has
a qualifying tax exemption. The proposed Development Agreement (if executed
by the property owner & approved by the Council) would guarantee that the
property would remain outside the city limits for three (3) years. At the
conclusion of the three-year period, the property owner would consent to
voluntary annexation in 2019.
STAFF RECOMMENDATION: The City's Comprehensive Plan includes a
chapter on Growth Management (Chapter 4) that outlines policies and strategies
for managing the growth of the City. The Comprehensive Plan suggests that the
City proactively annex land within its ETJ that becomes attractive for
development due to availability of municipal utilities, and other locations that are
in close proximity to areas being subdivided and developed. Proper management
of development in the urbanizing areas depends upon annexation and the
application of zoning regulations that support the City's Future Land Use Plan.
Staff recommends approval of the attached Resolution.
CITY OF ANNA, TEXAS
RESOLUTION NO.
(Annexation Dates, Times and Place)
A RESOLUTION INSTITUTING ANNEXATION PROCEEDINGS AND SETTING THE,_
DATES, TIMES AND PLACES FOR PUBLIC HEARINGS FOR THE ANNEXATION OF
32.295 ACRES OF LAND LOCATED IN THE HENRY SMITH SURVEY, ABSTRACT
NO. 0823; AND DIRECTING THE CITY MANAGER TO OFFER ON BEHALF OF THE
CITY TO MAKE A DEVELOPMENT AGREEMENT WITH THE OWNERS OF
PROPERTY WITHIN THE AREA PROPOSED FOR ANNEXATION. Nk
WHEREAS, in order to better protect the health, safety, and welfare of the citizens of
Anna, the City Council of the City of Anna, Texas (the "City Council") wishes to consider
annexation of certain property described in Exhibit A; and
WHEREAS, said territory lies adjacent or contiguous to the present boundaries of the
City of Anna, Texas;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2.
Public hearings regarding the proposed annexation are hereby scheduled as follows:
1st Public Hearing — June 28, 2016 at 7:30 p.m. in the City Council Chambers at the
Anna City Hall Administrative Building, 111 N. Powell Pkwy, Anna, TX
2nd Public Hearing — July 12, 2016 at 7:30 p.m. in the City Council Chambers at the
Anna City Hall Administrative Building, 111 N. Powell Pkwy, Anna, TX
Section 3. O%MMOO
The City Council hereby directs the City Manager to prepare a service plan that
provides for the extension of full municipal services as required and appropriate for the
area shown in Exhibit A.
Section 4.
The City Council hereby directs the City Manager offer on behalf of the City, to make
the Development Agreement, attached hereto as Exhibit B, with the owners of all
properties located within the area proposed for annexation, including the owners of any
properties that are appraised for property tax purposes as land for agricultural, wildlife
management use, or as timber land (as defined in Subchapter C, D, or E Chapter 23,
Tax Code).
RESOLUTION NO.
(Annexation Dates, Times and Place) Page 1
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the
24t" day of May, 2016.
ATTEST:
APPROVED:
Carrie L. Smith City Secretary Mike Crist Mayor
RESOLUTION NO.
(Annexation Dates,
Times and Place)
Page 2
z
J
iY
W
2
U
[TEE
WHITE STREET (F.M
ROCKRIDGE TR.
EXHIBIT B
STATE OF TEXAS )
COUNTY OF COLLIN )
CHAPTER 43 & CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and/or 212.172 of the
Texas Local Government Code by and between the City of Anna, Texas (the "City") and
the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners
of the Property. _,A
WHEREAS, Owner and the City are sometimes collectively referenced in this
Agreement as the "Parties" or, each individually, as "Party"; and
WHEREAS, the Owner owns a parcel of real property(s) (the "Property") in Collin
County, Texas, commonly described as (insert brief property description); and as shown
in the attached Exhibit "A"; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement;
and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and/or 212.172
of the Texas Local Government Code, in order to address the desires of the Owner and
the procedures of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns for the Term
(defined below) of this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Property
Records of Collin County;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
Section 1. IMMUNITY FROM ANNEXATION
The City guarantees the continuation of the extraterritorial status of the Owner's
Property, its immunity from annexation by the City, and its immunity from City property
taxes, for the Term of this Agreement, subject to the provisions of this Agreement.
Except as provided in this Agreement, the City agrees not to annex the Property, agrees
not to involuntarily institute proceedings to annex the Property, and further agrees not to
include the Property in a statutory annexation plan for the Term of this Agreement.
However, if the Property is annexed pursuant to the provisions of this Agreement, then
the City shall provide services to the Property pursuant to Chapter 43 of Texas Local
Government Code.
Section 2. OWNER OBLIGATIONS
(a) Owner covenants and agrees not to use the Property for any use other than for
the Existing Land Uses or for agriculture, wildlife management, and/or timber
land consistent with Chapter 23 of the Texas Tax Code, without the prior written
consent of the City.
4
1. Existing Land Uses mean the legal uses of the Property in existence as of
the Effective Date of this Agreement.
(b) Owner covenants and agrees that the Owner will not file any type of subdivision
plat or related development document for the Property with Collin County or the,.
City until the Property has been annexed into, and zoned by, the City.
(c) Owner covenants and agrees not to construct, or allow to be constructed, any
building on the Property that would require a building permit if the Property were
in the city limits, until the Property has been annexed into, and zoned by, the
City.
(d) Owner acknowledges that each and every owner of the Property must sign this
Agreement in order for the Agreement to take full effect, and the Owner who
signs this Agreement covenants and agrees, jointly and severally, to indemnify,
hold harmless, and defend the City against any and all legal claims, by any
person claiming an ownership interest in the Property who has not signed the
Agreement, arising in any way from the City's reliance on this Agreement.
(e) Owner acknowledges that if any plat or related development document is filed in
violation of this Agreement, or if the Owner commences development of the
Property in violation of this Agreement, then in addition to the City's other
remedies, such act will constitute a petition for voluntary annexation by the
Owner, and the Property will be subject to annexation at the discretion of the City
Council. The Owner agrees that such annexation shall be voluntary and the
Owner hereby consents to such annexation as though a petition for such
annexation had been tendered by the Owner. If annexation proceedings begin
pursuant to this Section 2(e), the Owner acknowledges that this Agreement
serves as an exception to Local Government Code Section 43.052, requiring a
municipality to use certain statutory procedures under an annexation plan.
Furthermore, the Owner hereby waives any and all vested rights and claims that
they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local
Government Code that would otherwise exist by virtue of any actions Owner has
taken in violation of Section 2 herein. The Owner further agrees that the Owner
will not in any manner contest any annexation of the Property initiated by the City
under this Section 2(e) or any annexation of the Property completed by the City
after the Term of this Agreement.
Section 3. CITY REGULATIONS AND PLANNING AUTHORITY
Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City is
authorized to enforce all of the City's regulations and planning authority that do not
materially interfere with the uses of the Property authorized under Section 2(a) of this
Agreement.
Section 4. EFFECTIVE DATE
The "Effective Date" of this Agreement is the date that the last of the Parties' signatures
to this Agreement is fully and properly affixed to this Agreement and acknowledged by a
notary public. The City's duties and obligations hereunder shall not arise unless and
until the City Council has duly adopted this Agreement and Owner has duly executed
this Agreement and delivered same to the City.
Section 5. TERM
(a) The term of this Agreement (the "Term") is three (3) years from the Effective
Date. if
(b) The Owner, and all of the Owner's heirs, successors and assigns shall be
deemed to have filed a petition for voluntary annexation before the end of the
Term, for annexation of the Property to be completed on or after the end of the
Term. Prior to the end of the Term, the City may commence the voluntary
annexation of the Property. In connection with annexation pursuant to this
Section 5(c), the Owners hereby waive any vested rights they may have under
Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that
would otherwise exist by virtue of any application, plan, plat or construction any
of the Owners may submit or initiate during the time between the expiration of
this Agreement and the institution of annexation proceedings by the City.
Section 6. TEMPORARY ZONING
Property annexed pursuant to this Agreement shall be temporarily classified as SF-E
Single Family Residential — Large Lot District until permanent zoning is established by
the City Council pursuant to the City's Code of Ordinances, pending determination of
the Property's permanent zoning in accordance with the provisions of applicable law
and the City's Code of Ordinances.
Section 7. MISCELLANEOUS PROVISIONS
(a) Any person who sells or conveys any portion of the Property shall, prior to such
sale or conveyance, gives written notice of this Agreement to the prospective
purchaser or grantee.
(b) This Agreement shall run with the Property and be recorded in the real property
records of Collin County, Texas.
(c) If a court of competent jurisdiction determines that any covenant of this
Agreement is void or unenforceable, including the covenants regarding
involuntary annexation, then the remainder of this Agreement shall remain in full
force and effect.
(d) This Agreement may be enforced by any Owner or the City by any proceeding at
law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter.
(e) No subsequent change in the law regarding annexation shall affect the
enforceability of this Agreement or the City's ability to annex the properties
covered herein pursuant to the terms of this Agreement. k AL
(f) Exclusive jurisdiction and venue for disputes arising out of or related in any way
to this Agreement shall be in Collin County, Texas.
(g) This Agreement may be separately executed in individual counterparts and, upon
execution, shall constitute one and same instrument.
(h) This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 2(e) and 5(b) herein.
Entered into this day of
Philip Sanders
City Manager, City of Anna, Texas
THE STATE OF TEXAS }
COUNTY OF COLLIN }
2016.
This instrument was acknowledged before me on the _day of 2016, by
Philip Sanders, City Manager, City of Anna, Texas.
Notary Public, State of Texas
Owner 1
Printed Name:
THE STATE OF TEXAS)
COUNTY OF }
This instrument was acknowledged before me on the _day of
, Owner 1.
Notary Public, State of Texas
Owner 2
Printed Name:
THE STATE OF TEXAS)
COUNTY OF }
This instrument was acknowledged before me on the _day
, Owner 2.
of
2016, by
2016, by
Notary Public, State of Texas
Owner 3
Printed Name:
THE STATE OF TEXAS)
COUNTY OF }
This instrument was acknowledged before me on the _day of 2016, by
Owner 3.
Notary Public, State of Texas
Owner 4
Printed Name:
THE STATE OF TEXAS)
COUNTY OF }
This instrument was acknowledged before me on the _day of 2016 , by
Owner 4.
Item No. 10
City Secretary's use only
City Council Agenda
Staff Report
CITY OFANNA,TEXAS Date: May 24, 2016
Staff Contact: City Manager
Exhibits: N/A
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:
SUMMARY:
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); annexation development agreements, local sales tax
allocation; code of ethics
b. discuss or deliberate the purchase, exchange, lease, or value of
real property (Tex. Gov't Code §551.072); acquisition of right-of-
way, easements, and land for municipal facilities.
c. discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial
information that the City has received from a business prospect
that the City seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the City is conducting
economic development negotiations; or (2) To deliberate the offer
of a financial or other incentive to a business prospect described
by subdivision (1). (Tex. Gov't Code §551.087); potential retail
business prospect.
d. discuss or deliberate personnel matters (Tex. Gov't Code
§551.074); City Attorney annual review.
The Council further reserves the right to enter into closed session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
STAFF RECOMMENDATION:
CITY OF ANNA, TEXAS
Item No. 11
City Secretary's use only
City Council Agenda
Staff Report
Date: May 24, 2016
Staff Contact: City Manager
Exhibits: N/A
AGENDA SUBJECT:
Consider/Discuss/Action on any items listed on the posted agenda or any closed
session occurring during this meeting, as necessary.
SUMMARY:
STAFF RECOMMENDATION:
CITY OF ANNA, TEXAS
AGENDA SUBJECT:
Adjourn
SUMMARY:
Item to adjourn the meeting.
STAFF RECOMMENDATION:
Staff recommends a motion to adjourn.
Item No. 12
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
May 24, 2016
City Manager
None