02/07/2022-CC-Agenda Packet-RegularAGENDA
CITY COUNCIL REGULAR MEETING
MONDAY, FEBRUARY 7, 2022
7:00 PM
HISTORIC CHURCH BUILDING
403 N 7TH STREET SANGER, TEXAS
1.CALL THE REGULAR MEETING TO ORDER, ESTABLISH A QUORUM,
INVOCATION, AND PLEDGE
2.CITIZEN INPUT:
Citizens are allowed 3 minutes to speak. The City Council is unable to respond or discuss any issues
brought up during this section.
3.SPECIAL PRESENTATIONS AND ANNOUNCEMENTS
Mayoral proclamations, presentations of awards and certificates, and other acknowledgements of
significant accomplishments or service to the community.
A.ECONOMIC DEVELOPMENT COSERV GRANT
Presentation of an Economic Development Grant by CoServ. (Bradshaw)
4.CONSENT AGENDA:
All items on the Consent Agenda will be acted upon by one vote without being discussed separately unless
requested by a Councilmember to remove the item(s) for additional discussion. Any items removed from the
Consent Agenda will be taken up for individual consideration.
A.MINUTES REGULAR SESSION
Consider the regular session minutes from the January 3, 2022, meeting. (Edwards)
B.MINUTES WORK SESSION
Consider the work session minutes from the January 18, 2022, meeting. (Edwards)
C.MINUTES REGULAR SESSION
Consider the regular session minutes from the January 18, 2022, meeting. (Edwards)
5.REGULAR AGENDA
A.ORDINANCE 020422 ANNEXATION 15.6924 ACRES
Consider Ordinance 020422 annexing 15.6924 acres out of the B.F. Lynch Survey,
Abstract number 725 and generally located approximately 2231 feet east of I35 and
approximately 2385 feet south of Chisam Rd. (Hammonds)
B.MASTER AGREEMENT KIMLEYHORN
Consider a Master Agreement between the City of Sanger and KimleyHorn and Associates,
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AGENDACITY COUNCIL REGULAR MEETINGMONDAY, FEBRUARY 7, 20227:00 PMHISTORIC CHURCH BUILDING403 N 7TH STREET SANGER, TEXAS1.CALL THE REGULAR MEETING TO ORDER, ESTABLISH A QUORUM,INVOCATION, AND PLEDGE2.CITIZEN INPUT:Citizens are allowed 3 minutes to speak. The City Council is unable to respond or discuss any issuesbrought up during this section.3.SPECIAL PRESENTATIONS AND ANNOUNCEMENTSMayoral proclamations, presentations of awards and certificates, and other acknowledgements ofsignificant accomplishments or service to the community.A.ECONOMIC DEVELOPMENT COSERV GRANTPresentation of an Economic Development Grant by CoServ. (Bradshaw)4.CONSENT AGENDA:All items on the Consent Agenda will be acted upon by one vote without being discussed separately unlessrequested by a Councilmember to remove the item(s) for additional discussion. Any items removed from theConsent Agenda will be taken up for individual consideration.A.MINUTES REGULAR SESSIONConsider the regular session minutes from the January 3, 2022, meeting. (Edwards)B.MINUTES WORK SESSIONConsider the work session minutes from the January 18, 2022, meeting. (Edwards)C.MINUTES REGULAR SESSIONConsider the regular session minutes from the January 18, 2022, meeting. (Edwards)5.REGULAR AGENDAA.ORDINANCE 020422 ANNEXATION 15.6924 ACRESConsider Ordinance 020422 annexing 15.6924 acres out of the B.F. Lynch Survey,Abstract number 725 and generally located approximately 2231 feet east of I35 andapproximately 2385 feet south of Chisam Rd. (Hammonds)
B.MASTER AGREEMENT KIMLEYHORN
Consider a Master Agreement between the City of Sanger and KimleyHorn and Associates,
Inc. for continuing professional services, and authorize the Mayor or City Manager to execute
said Agreement. (Ciocan)
C.INDIVIDUAL PROJECT ORDER KIMLEYHORN
Consider an Individual Project Order with KimleyHorn and Associates, Inc. providing for
professional engineering services associated with the I35 Utility Relocation Project, and
authorize the City Manager to execute said Project Order in an amount not to exceed
$499,600. (Ciocan/Bolz)
D.FIREWORK CONTRACT AND DISPLAY
Consider approval for fireworks display inside the Sanger City Limits on July 2, 2022, an
agreement with Illumination Fireworks for $25,000 to purchase a fireworks display, and
authorize the Mayor or City Manager to execute said agreement. (Green)
6.INFORMATION ITEMS:
A.ALL AMERICAN DOGS REPORT
November and December 2021 All American Dogs Report
7.FUTURE AGENDA ITEMS:
The purpose of this item is to allow the Mayor and members of Council to bring forward items they wish
to discuss at a future meeting, A Council Member may inquire about a subject for which notice has not
been given. A statement of specific factual information or the recitation of existing policy may be given.
Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent
meeting. Items may be placed on a future meeting agenda with a consensus of the Council or at the call of
the Mayor.
8.ADJOURN.
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the City
Website, and on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and
readily accessible to the general public at all times. Said notice was posted on the following date and
time, and remained posted continuously for at least 72 hours prior to the scheduled time of said meeting
and shall remain posted until meeting is adjourned.
February 2, 2022, at 10:30 AM
Kelly Edwards, City Secretary
City of Sanger, Texas
Date/Time Posted
This facility is wheelchair accessible and accessible parking spaces are available. Requests for additional
accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City
Secretary's office at (940) 4587930 for further information.
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CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. 3.A.
AGENDA MEETING DATE: February 7, 2022
TO: John Noblitt, City Manager
FROM: Shani Bradshaw, Director of Economic Development
ITEM/CAPTION:
ECONOMIC DEVELOPMENT COSERV GRANT
Presentation of an Economic Development Grant by CoServ. (Bradshaw)
AGENDA TYPE: Presentation
ACTION REQUESTED: Presentation
BACKGROUND:
Jennifer Elliott, CoServ Relationship Development Manager, will be presenting a check in the amount of $18,120 to the
Sanger Economic Development Department. The funds will be used for a new Economic Development website.
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
N/A
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
N/A
FUNDS:
N/A
STAFF RECOMMENDATION/ACTION DESIRED:
N/A
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CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. A.
AGENDA MEETING DATE: February 7, 2022
TO: John Noblitt, City Manager
FROM: Kelly Edwards, City Secretary
ITEM/CAPTION:
MINUTES REGULAR SESSION
Consider the regular session minutes from the January 3, 2022, meeting. (Edwards)
AGENDA TYPE: Consent Agenda
ACTION REQUESTED: Approval
BACKGROUND:
The minutes for the January 3, 2022, minutes were place on the January 18, 2022 meeting agenda, but were listed for
approval as January 3, 2021 regular session.
This set of minutes has been placed on the agenda for approval with the correct year. There are no other revisions.
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
N/A
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
N/A
FUNDS:
N/A
STAFF RECOMMENDATION/ACTION DESIRED:
Staff recommends approval of the minutes as presented.
ATTACHMENTS:
Description Upload Date Type
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CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. A.AGENDA MEETING DATE: February 7, 2022TO: John Noblitt, City ManagerFROM: Kelly Edwards, City SecretaryITEM/CAPTION:MINUTES REGULAR SESSIONConsider the regular session minutes from the January 3, 2022, meeting. (Edwards)AGENDA TYPE: Consent AgendaACTION REQUESTED: Approval BACKGROUND:The minutes for the January 3, 2022, minutes were place on the January 18, 2022 meeting agenda, but were listed forapproval as January 3, 2021 regular session. This set of minutes has been placed on the agenda for approval with the correct year. There are no other revisions.LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:N/AFINANCIAL SUMMARY FUNDING/FISCAL IMPACT:N/AFUNDS:N/ASTAFF RECOMMENDATION/ACTION DESIRED:Staff recommends approval of the minutes as presented.
ATTACHMENTS:
Description Upload Date Type
01032022 CC Reg Mins 1/24/2022 Cover Memo
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MINUTES
CITY COUNCIL REGULAR MEETING
MONDAY, JANUARY 3, 2022
7:00 PM
HISTORIC CHURCH BUILDING
403 N 7TH STREET SANGER, TEXAS
COUNCIL MEMBERS PRESENT:
Mayor Thomas Muir and Councilmember Gary Bilyeu, Councilmembers: Marissa Barrett,
Allen Chick, Dennis Dillon, and Victor Gann.
COUNCIL MEMBERS ABSENT:
None.
STAFF MEMBERS PRESENT:
City Manager John Noblitt, City Secretary Kelly Edwards, Plans Examiner Carrie Jones,
Director of Human Resources Jeriana Staton, Parks & Recreation Superintendent Ryan
Nolting, and Marketing and Civic Engagement Director Donna Green.
1. CALL THE REGULAR MEETING TO ORDER, ESTABLISH A
QUORU M, INVOCATION, AND PLEDGE
Mayor Muir called the Regular Session to order at 7:01 p.m.
The invocation given by Councilmember Bilyeu the Pledge of Allegiance was led by
Councilmember Dillon.
2. CITIZEN INPUT:
No one addressed the Council.
3. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS
A. Oath of Office and Pinning of Police Chief Waylan Rhodes.
City Secretary Edwards provided the Oath of Office to Chief Waylan Rhodes. Chief Rhodes
son Matthew Brant pinned the Chief badge.
Chief Rhodes thanked everyone in attendance.
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B. American Legion Post 268 presenting the awards for the Police Officer
and Firefighter/Paramedic of the year for 2021.
Clint Smith Post Adjutant, Jorge Hernandez Post Commander, and Dan Warren 1st Vice
Commander of Post 268 recognized Police Officer of the Year Mr. Cole Thompson and
Fire Fighter/Paramedic of the Year Mr. Madison Pearse.
4. CONSENT AGENDA:
A. MINUTES WORK SESSION
Consider the joint work session minutes from the December 20, 2021, meeting.
B. MINUTES REGULAR SESSION
Consider the regular session minutes from the December 20, 2021, meeting.
Motion made by Councilmember Bilyeu to approve consent agenda as presented.
Councilmember Barrett seconded the motion. Motion passed unanimously.
5. REGULAR AGENDA
A. AMENDING THE FEE SCHEDULE - ALCOHOLIC BEVERAGES
Consider Ordinance 01-01-22, Amending the Code of Ordinances Appendix A,
Fee Schedule, Article 3, Business Related Fees, Sec 3.1100, Alcoholic Beverages.
(Edwards)
City Secretary Edwards provided an overview of the item. Discussion ensued regarding the
inconsistent fees.
Motion made by Councilmember Barrett to approve Ordinance 01-01-22, Amending the
Code of Ordinances Appendix A, Fee Schedule, Article 3, Business Related Fees, Sec
3.1100, Alcoholic Beverages. Councilmember Gann seconded the motion. Motion passed
unanimously.
B. BULL BARE ADDITION - MINOR PLAT
Consider a Minor Plat of Lot 1, Block A of the Bull Bare Addition, being 7.013 acres
in the City of Sanger's ETJ, and generally located on the south side of FM 455 and
approximately 226 feet east of Creekview Rd. (Hammonds)
Plans Examiner Jones provided an overview of the item.
Discussion ensued regarding the area of the Right-of-Way and the reason for the platting
requirement.
Motion made by Councilmember Barrett to approve Minor Plat of Lot 1, Block A of the Bull
Bare Addition, being 7.013 acres in the City of Sanger's ETJ, and generally located on the
south side of FM 455 and approximately 226 feet east of Creekview Rd. Councilmember
Dillon seconded the motion. Motion passed unanimously.
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C. PUBLIC HEARING - SIGN VARIANCE
Conduct a Public Hearing on a variance request for Sportsman II from Chapter 3
Building Regulations - Article 3.1400 Sign Regulations, Section 3.1407. (Hammonds)
Mayor Muir opened the public hearing at 7:28 p.m.
Plans Examiner Jones provided an overview of the item.
Mr. Mike Hunter, Hunter Graphics, provided an overview of the sign specifications and
spoke in favor of the variance.
Mayor Muir closed the public hearing at 7:31 p.m.
D. SPORTSMAN II - SIGN VARIANCE
Consider a Variance request for Sportsman II from Chapter 3 Building Regulations -
Article 3.1400 Sign Regulations, Section 3.1407 regarding overall square feet of
proposed pole sign. (Hammonds)
Motion made by Councilmember Bilyeu to approve the request for Sportsman II from
Chapter 3 Building Regulations - Article 3.1400 Sign Regulations, Section 3.1407
regarding overall square feet of proposed pole sign. Councilmember Barrett seconded the
motion. Motion passed 4-1-0. Councilmember Chick voted in opposition.
6. FUTURE AGENDA ITEMS:
Councilmember Barrett requested an overview of the Legislative changes.
7. ADJOURN.
There being no further business, Mayor Muir adjourned the meeting at 7:58 p.m.
_______________________________
Thomas Muir, Mayor
______________________________
Kelly Edwards, City Secretary
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CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. B.
AGENDA MEETING DATE: February 7, 2022
TO: John Noblitt, City Manager
FROM: Kelly Edwards, City Secretary
ITEM/CAPTION:
MINUTES WORK SESSION
Consider the work session minutes from the January 18, 2022, meeting. (Edwards)
AGENDA TYPE: Consent Agenda
ACTION REQUESTED: Approval
BACKGROUND:
N/A
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
N/A
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
N/A
FUNDS:
N/A
STAFF RECOMMENDATION/ACTION DESIRED:
Approve the minutes as presented.
ATTACHMENTS:
Description Upload Date Type
01182022 CC WS Mins FINAL 1/25/2022 Cover Memo
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MINUTES
CITY COUNCIL WORK SESSION
TUESDAY, JANUARY 18, 2022
6:00 PM
HISTORIC CHURCH BUILDING
403 N 7TH STREET SANGER, TEXAS
COUNCIL MEMBERS PRESENT:
Mayor Thomas Muir and Councilmember Gary Bilyeu, Councilmembers: Marissa
Barrett, Dennis Dillon, and Victor Gann.
COUNCIL MEMBERS ABSENT:
Allen Chick
STAFF MEMBERS PRESENT:
City Manager John Noblitt, Assistant City Manager Alina Ciocan, City Secretary Kelly
Edwards, Attorney Pro Tem Lance Vanzant, Director of Finance Clayton Gray, Accountant
Sylvia Vega, Chief of Police Waylan Rhodes, Parks & Recreation Superintendent Ryan
Nolting, and Marketing and Civic Engagement Director Donna Green.
1. Call Meeting to Order
Mayor Muir called the work session to order at 6:06 p.m.
2. PRESENTATION FROM AUDITORS
Overview of the Annual Financial Report and related audit by BrooksWatson & Co. for
the fiscal year ending September 30, 2021. (Gray)
Director Gray introduced Austin Henderson from BrooksWatson Co. Mr. Henderson
provided a presentation and overview of the annual audit.
Discussion ensued regarding the unmodified opinion, the internal control letter, the use of
restricted and unrestricted funds, the number of recommendations, property tax
collection, and sales tax revenues.
3. Overview of Items on the Regular Agenda
No additional discussion.
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4. Adjourn
Mayor Muir adjourned the work session at 6:46 p.m.
_______________________________
Thomas Muir, Mayor
______________________________
Kelly Edwards, City Secretary
Page 11
CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. C.
AGENDA MEETING DATE: February 7, 2022
TO: John Noblitt, City Manager
FROM: Kelly Edwards, City Secretary
ITEM/CAPTION:
MINUTES REGULAR SESSION
Consider the regular session minutes from the January 18, 2022, meeting. (Edwards)
AGENDA TYPE: Consent Agenda
ACTION REQUESTED: Approval
BACKGROUND:
N/A
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
N/A
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
N/A
FUNDS:
N/A
STAFF RECOMMENDATION/ACTION DESIRED:
Staff recommends approval of the minutes as presented.
ATTACHMENTS:
Description Upload Date Type
01182022 CC Reg Mins FINAL 1/25/2022 Cover Memo
Page 12
Page 1 of 5
MINUTES
CITY COUNCIL REGULAR MEETING
TUESDAY, JANUARY 18, 2022
7:00 PM
HISTORIC CHURCH BUILDING
403 N 7TH STREET SANGER, TEXAS
COUNCIL MEMBERS PRESENT:
Mayor Thomas Muir and Councilmember Gary Bilyeu, Councilmembers: Marissa Barrett,
Dennis Dillon, and Victor Gann.
COUNCIL MEMBERS ABSENT:
Allen Chick
STAFF MEMBERS PRESENT:
City Manager John Noblitt, Assistant City Manager Alina Ciocan, City Secretary Kelly
Edwards, Attorney Pro Tem Lance Vanzant, Director of Finance Clayton Gray, Chief
of Police Waylan Rhodes, Parks & Recreation Superintendent Ryan Nolting, and
Marketing and Civic Engagement Director Donna Green.
1. CALL THE REGULAR MEETING TO ORDER, ESTABLISH A
QUORUM, INVOCATION, AND PLEDGE
Mayor Muir called the Regular Session to order at 7:01 p.m.
The invocation given by Councilmember Dillon the Pledge of Allegiance was led by
Councilmember Barrett.
2. CITIZEN INPUT:
Maria Falls, 3904 Pocahontas, Flower Mound, spoke regarding the current pandemic.
3. CONSENT AGENDA:
A. MINUTES REGULAR SESSION
Consider the regular session minutes from the January 3, 2021. (Edwards)
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B. CALLING THE MAY 7, 2022, GENERAL ELECTION
Consider Ordinance 01-03-22, Calling the General Election to be held on May 7,
2022, for the purpose of electing a Mayor, Council Member Place 2, and Council
Member Place 4, for two-year terms and authorizing the Mayor to execute all
necessary documents. (Edwards)
C. BUDGET AMENDMENT FOR ENGINEERING, FLEET, AND
MARKETING DEPARTMENTS
Consider Ordinance 01-02-22, amending the budget for the Fiscal Year
2021-2022, and authorizing amended expenditures as provided in Exhibit A.
(Gray)
Councilmember Gann asked for additional discussion regarding Item C of the consent
agenda.
Motion made by Councilmember Bilyeu to approve Items A&B of the consent
agenda. Councilmember Dillon seconded the motion. Motion passed unanimously.
Director Gray provided an overview of the budget amendment.
Discussion ensued regarding several line items in Exhibit A, funding for future events and to
enhance current community events, and the net increase to the budget.
Motion made by Councilmember Bilyeu to approve Item C the consent agenda.
Councilmember Dillon seconded the motion. Motion passed unanimously.
4. REGULAR AGENDA
A. FISCAL YEAR ANNUAL FINANCIAL REPORT AND RELATED
AUDIT - PERIOD ENDING 09/30/2021
Consider Acknowledgement and Acceptance of the Annual Financial Report and
Related Audit by BrooksWatson & Co. for the Fiscal Year Ending September 30,
2021. (Gray)
Director Gray provided an overview of the requirement in the Charter to perform an
audit of the city’s finances.
Motion made by Councilmember Dillon to accept the Annual Financial Report and Related
Audit by BrooksWatson & Co. for the Fiscal Year Ending September 30, 2021.
Councilmember Bilyeu seconded the motion. Motion passed unanimously.
Mayor Muir moved to Item 4C of the agenda.
B. WASTE CONNECTIONS RATE INCREASE REQUEST
Consider approving a 4.8% rate increase from Waste Connections, Inc. for solid
waste and recycling services. (Gray)
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Director Gray provided an overview of the rate increase as outlined in the current
contract and introduced Hyon Cho from Waste Connections.
The total increase for residential customers would be $0.74 per month.
Motion made by Councilmember Bilyeu to approve a 4.8% rate increase from Waste
Connections, Inc. for solid waste and recycling services. Councilmember Dillon seconded
the motion. Motion passed unanimously.
Mayor Muir moved to Item 5B of the agenda.
C. FM 455 UTILITY RELOCATION - CHANGE ORDER #1
Consider Change Order #1 in the amount of $39,993.00 between the City of
Sanger and Quality Excavation for the FM 455 Project to include boring under the
intersection at Sable Creek Parkway; and authorize the City Manager to execute said
Change Order. (Bolz)
Director Bolz provided an overview of the change order.
Motion made by Councilmember Gann to approve Change Order No. 1 in the amount
of $39,993.00 between the City of Sanger and Quality Excavation for the FM 455 Project
to include boring under the intersection at Sable Creek Parkway; and authorize the City
Manager to execute said Change Order. Councilmember Dillon seconded the motion. Motion
passed unanimously.
Mayor Muir moved to Item 4D of the agenda.
D. FM 455 UTILITY RELOCATION - CHANGE ORDER #2
Consider Change Order #2 in the amount of $3,145.00 between the City of
Sanger and Quality Excavation to extend the bore for Sewer AA crossing by an
additional 17 linear feet for the FM 455 Project; and authorize the City Manager to
execute said Change Order #2. (Bolz)
Director Bolz provided an overview of the change order.
Discussion ensued regarding older records that were available not showing the location of
the gas line and to include the line's location in the City as-built documents.
Motion made by Councilmember Bilyeu to approve Change Order No. 2 in the amount
of $3,145.00 between the City of Sanger and Quality Excavation to extend the bore for
Sewer AA crossing by an additional 17 linear feet for the FM 455 Project; and authorize the
City Manager to execute said Change Order. Councilmember Barrett seconded the
motion. Motion passed unanimously.
Mayor Muir moved to Item 5A of the agenda.
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5. INFORMATION ITEMS:
A. DANNENBAUM CONSTRUCTION UPDATE
Danny Everett, Dannenbaum Engineering (DEC), project overview.
Mr. Everett provided an update regarding the overall progress of the project, percentage
of design comments received, sewer line connection from the High School to 2nd Street,
fittings received, and the status of the permit to bore under the railroad tracks.
Mayor Muir moved back to Item 4B of the agenda.
B. RECYCLING PROGRAM
Presentation and discussion of the city's recycling program from Henry Cho of Waste
Connections. (Gray)
Mr. Cho provided a presentation and overview of the current recycling program.
Discussion ensued regarding the cost of the program, how to notify Waste Connections of
damaged carts, the number of trucks collecting recyclables that are contaminated and
cannot be taken to the recycling center, and educating the community on recycling.
C. MONTHLY FINANCIAL STATEMENT - NOVEMBER 30, 2021
D. CAPITAL PROJECTS REPORT - JANUARY 4, 2022
E. DISBURSEMENTS REPORT - DECEMBER 2021
F. ATMOS RATE FILING - RIDER GCR
6. FUTURE AGENDA ITEMS:
Councilmember Gann asked Staff about monthly Code Enforcement updates.
7. EXECUTIVE SESSION:
A. Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY
For deliberations regarding the purchase, exchange, lease, or value of real
property if deliberation in an open meeting would have a detrimental effect on
the position of the governmental body in negotiations with a third person.
Property location a.) 78.421 acre tract of land out of the Williams Survey, Abstract
No. 1281, Denton County, Texas; and b.) 247.318 acre tract of land out of the
Crawford Survey, Abstract No. 280, Denton County, Texas; c.) 87.64 acre tract
of land out of the Hudson Survey, Abstract No. 562, Denton County, Texas; and
d.) 6.082 acre tract of land out of the Crawford Survey, Abstract No. 280, Denton
County, Texas.
B. Sec. 551.071. CONSULTATION WITH ATTORNEY
For deliberations regarding legal (A) pending or contemplated litigation; or
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(B) a settlement offer; or (2) on a matter 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 this chapter. Property location a.)
78.421 acre tract of land out of the Williams Survey, Abstract No. 1281, Denton
County, Texas; b.) 247.318 acre tract of land out of the Crawford Survey, Abstract
No. 280, Denton County, Texas; c.) 87.64 acre tract of land out of the Hudson
Survey, Abstract No. 562, Denton County, Texas; and d.) 6.082 acre tract of land out
of the Crawford Survey, Abstract No. 280, Denton County, Texas.
Mayor Muir read the items for Executive Session and the Council convened into Executive
Session at 8:39 p.m.
8. RECONVENE: OPEN MEETING:
Mayor Muir and the Council reconvened into open session at 9:11 p.m.
No action taken.
9. ADJOURN.
There being no further business, Mayor Muir adjourned the meeting at 9:11 p.m.
_______________________________
Thomas Muir, Mayor
______________________________
Kelly Edwards, City Secretary
Page 17
CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. 5.A.
AGENDA MEETING DATE: February 7, 2022
TO: John Noblitt, City Manager
FROM: Ramie Hammonds, Development Service Director
ITEM/CAPTION:
ORDINANCE 020422 ANNEXATION 15.6924 ACRES
Consider Ordinance 020422 annexing 15.6924 acres out of the B.F. Lynch Survey, Abstract number 725 and
generally located approximately 2231 feet east of I35 and approximately 2385 feet south of Chisam Rd. (Hammonds)
AGENDA TYPE: Regular
ACTION REQUESTED: Approval
BACKGROUND:
The applicant is proposing to create an Industrial park of approximately 278 acres located on the east side of I35. The
development will consist of 12 industrial lots. The property with the exception of 15.6924 acres is currently within the
Sanger City limits. The applicant is requesting to have the 15.6924 acres voluntarily annexed into the Sanger City
limits.
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
Legal review complete
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
N/A
FUNDS:
N/A
STAFF RECOMMENDATION/ACTION DESIRED:
Staff recommends APPROVAL .
ATTACHMENTS:
Description Upload Date Type
Page 18
CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 5.A.AGENDA MEETING DATE: February 7, 2022TO: John Noblitt, City ManagerFROM: Ramie Hammonds, Development Service DirectorITEM/CAPTION:ORDINANCE 020422 ANNEXATION 15.6924 ACRESConsider Ordinance 020422 annexing 15.6924 acres out of the B.F. Lynch Survey, Abstract number 725 andgenerally located approximately 2231 feet east of I35 and approximately 2385 feet south of Chisam Rd. (Hammonds)AGENDA TYPE: RegularACTION REQUESTED: Approval BACKGROUND:The applicant is proposing to create an Industrial park of approximately 278 acres located on the east side of I35. Thedevelopment will consist of 12 industrial lots. The property with the exception of 15.6924 acres is currently within theSanger City limits. The applicant is requesting to have the 15.6924 acres voluntarily annexed into the Sanger Citylimits. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:Legal review completeFINANCIAL SUMMARY FUNDING/FISCAL IMPACT:N/AFUNDS:N/ASTAFF RECOMMENDATION/ACTION DESIRED:Staff recommends APPROVAL .
ATTACHMENTS:
Description Upload Date Type
Ordinance #020422 1/21/2022 Cover Memo
Exhibit A 1/21/2022 Cover Memo
Exhibit B 1/21/2022 Cover Memo
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Ordinance – Annexation Blue Star Development
Page 1 of 3
CITY OF SANGER, TEXAS
ORDINANCE 02-04-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON
COUNTY, TEXAS, ANNEXING CERTAIN TERRITORY LOCATED IN THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF SANGER, TEXAS TO WIT:
15.6924 ACRES OUT OF THE B.F. LYNCH SURVEY, ABSTRACT NUMBER 725 AND
GENERALLY LOCATED APPROXIMATELY 2231 FEET EAST OF I-35 AND
APPROXIMATELY 2385 FEET SOUTH OF CHISAM ROAD AND BEING MORE
PARTICULARLY DESCRIBED ON THE ATTACHED EXHIBIT A; PROVIDING FOR
INCORPORATION OF PREMISES; AMENDING THE CITY MAP; PROVIDING FOR
FILING OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A CUMULATIVE CLAUSE; PROVIDING
FOR A SEVERABILITY CLAUSE; AND PROVIDING A SAVINGS CLAUSE;
AUTHORIZING PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Sanger (the “City”) is a home rule municipality regulated by state
law and Charter; and
WHEREAS, the City Council finds it necessary for the public health, safety, and welfare
that development occur in a controlled and orderly manner; and
WHEREAS, prior to conducting the public hearing required under Section 43.0673, Local
Government Code, the City Council investigated and determined that the Property more
particularly described in the attached Exhibit “A” (the “Property”) is within the extraterritorial
jurisdiction of Sanger and is adjacent and contiguous to the existing city limits of Sanger; and
WHEREAS, the City Council on December 6, 2021 and December 20, 2021, duly covered
and conducted public hearings for the purpose of assessing a voluntary petition for annexation
from the owners of the Property; and
WHEREAS, the City and the owner of the Property have entered into a service agreement
which is attached hereto as Exhibit “B” and incorporated herein; and
WHEREAS, the following provision of proper legal notice requirements, including
written notice to the School District, Public Entities, and Internet postings were made in the time
and manner prescribed by law; and
WHEREAS, the City Council finds that the passage of this Ordinance is in the best interest
of the citizens of Sanger.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SANGER, TEXAS:
Page 20
Ordinance – Annexation Blue Star Development
Page 2 of 3
SECTION 1. That all matters stated in the preamble are found to be true and correct and
are incorporated herein as if copied in their entirety.
SECTION 2. The official map and boundaries of the City are hereby amended so as to
include the Property and any all adjacent rights-of-way, and that such territory shall be and is
hereby annexed into the corporate limits of the City.
SECTION 3. The Mayor is hereby directed and authorized to perform or cause to be
performed all acts necessary to correct the official map of the City to add the territory hereby
annexed as required by law.
SECTION 4. The property, and any and all adjacent rights-of-way, is hereby annexed
into the City, and that the boundary limits of the City be and the same are hereby extended to
include the Property and any and all adjacent rights-of-way within the city limits of the City, and
the same shall hereafter be included within the territorial limits of the City, and the inhabitants
thereof shall hereafter be entitled to all the rights and privileges of other citizens of the City and
they shall be bound by the acts, ordinances, resolutions and regulations of the City.
SECTION 5. The City Secretary shall file or cause to be filed a certified copy of this
Ordinance in the office of the County Clerk of each county in which all or a portion of the
Property and any and all adjacent rights-of-way is located, and any other necessary agencies.
SECTION 6. From and after the passage of this Ordinance, the Property and any and all
adjacent rights-of-way shall be a part of the City of Sanger, Texas, and subject to the service
agreement referenced in the above Premises incorporated by Section 1 of this Ordinance. The
inhabitants thereof shall be entitled to all of the rights, privileges and immunities as all other
citizens of the City of Sanger, Texas, and shall be bound by all of the Ordinances and regulations
enacted pursuant to and in conformity with the general laws of the State of Texas.
SECTION 7. It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any
word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same
would have been enacted by the City Council without the incorporation in this Ordinance of any
such unconstitutional word, phrase, clause, sentence, paragraph, or section.
SECTION 8. The City Secretary of the City of Sanger is hereby directed engross and
enroll this ordinance by copying the Caption in the minutes of the City Council of the City of
Sanger and by filing this Ordinance records of the City.
SECTION 9. This ordinance will take effect immediately from and after its passage and
the publication of the caption, as the law and Charter in such cases provide.
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Ordinance – Annexation Blue Star Development
Page 3 of 3
PASSED AND APPROVED by the City Council of the City of Sanger, Texas, on this
____________ day of ________________________, 2022.
APPROVED:
________________________________
ATTEST: Thomas E. Muir, Mayor
________________________________ APPROVED TO FORM:
Kelly Edwards, City Secretary
________________________________
Hugh Coleman, City Attorney
Page 22
Exhibit A
Being approximately 15.6924 acres of land out of the B.F. LYNCH SURVEY, ABSTRACT NUMBER
725 situated in Denton County, Texas, being a portion of a called Tract 1- 211.36 acre tract of
land conveyed to Sanger Texas Industrial, LLC and Webb Industrial, LLC by deed of record in
Document Number 2021-85260 of the Official Records of Denton County, Texas, also known as
Denton County Appraisal District Parcel Number 163094, Tract 13A:
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Exhibit “B”
Substance from body of executed Service Agreement Blue Star Addition Annexed Property
A) SERVICE PLAN GENERALLY
1) This service plan has been prepared in accordance with the Texas Local Government Code
Sections 43.065 and 43.056(b)-(o). Municipal facilities and services to the annexed area will
be provided or made available on behalf of the City of Sanger in accordance with the
following plan. The City of Sanger shall provide the annexed tract the levels of service,
infrastructure, and infrastructure maintenance that are comparable to the levels of service,
infrastructure, and infrastructure maintenance available in other parts of the City of Sanger
with similar topography, land use, and population density. The provisions of the service plan
were made available for public inspection and explained at the two public hearings held by
the City Council in accordance with LGC Section 43.056(j).
2) For the purposes of this service plan, to “provide” services includes having services provided
by any method or means by which the City provides municipal services to any other areas of
the City, and may include causing or allowing private utilities, governmental entities and
other public service organizations to provide such services by contract or right, in whole or in
part, and may include duties on part of the private landowner with regard to such services.
B) EMERGENCY SERVICES
1) Police Protection
a) Police protection from the City of Sanger Police Department shall be provided to the
annexed area at a level consistent with the current methods and procedures presently
provided to similar areas on the effective date of the annexation ordinance. Some of these
services include:
i) Normal patrol and responses;
ii) Handling of complaints and incident reports;
iii) Special units, such as traffic enforcement and investigations; and
iv) Coordination with other public safety support agencies
b) As development commences in these areas, sufficient police protection, including
personnel and equipment will be provided to furnish these areas with the level of police
services consistent with the characteristics of topography, land utilization and population
density of the areas.
c) Upon ultimate development, police protection will be provided at a level consistent with
the other similarly situated areas within the city limits.
2) Fire Protection
a) The Sanger Fire Department will provide emergency and fire protection services to the
annexed area. These services include:
i) Fire suppression and rescue;
ii) Pre-hospital medical services including triage, treatment and transport by
Advanced Life Support (ALS) fire engines, trucks and ambulances;
iii) Hazardous materials response and mitigation;
iv) Emergency prevention and public education efforts;
v) Technical rescue response; and
vi) Construction Plan Review and required inspections.
Page 24
b) Fire Protection from the City of Sanger shall be provided to the annexed area at a level
consistent with the current methods and procedures presently provided to similar areas of
the City of Sanger on the effective date of the annexation ordinance.
c) As development commences in these areas, sufficient fire protection, including personnel
and equipment will be provided to furnish these areas with the level of services consistent
with the characteristics of topography, land utilization and population density of the
areas. It is anticipated that fire stations planned to service areas currently within the City
of Sanger will be sufficient to serve the annexed area.
d) Upon ultimate development, fire protection will be provided at a level consistent with
similarly situated areas within the city limits.
3) Emergency Medical Services
a) The Sanger Fire Department will provide emergency and safety services to the annexed
area. These services include:
i) Emergency medical dispatch and pre-arrival Fire Aid instructions;
ii) Pre-hospital emergency Advanced Life Support (ALS) response and transport;
and
iii) Medical rescue services.
b) Emergency Medical Services (EMS) from the City of Sanger shall be provided to the
annexed area at a level consistent with current methods and procedures presently
provided to similar areas of the City of Sanger on the effective date of the annexation
ordinance.
c) As development commences in these areas, sufficient EMS, including personnel and
equipment, will be provided to furnish these areas with the level of services consistent
with the characteristics of topography, land utilization, and population density of the
areas.
d) Upon ultimate development, EMS will be provided at a level consistent with similarly
situated areas within the city limits.
C) SOLID WASTE
1) Solid Waste and Recycling Collection Services will be provided to the annexed area
immediately upon the effective date of the annexation at a level consistent with the current
methods and procedures presently provided to similar areas within the City. Private solid
waste collection service providers operating in the affected area immediately prior to
annexation and currently providing customers with service may continue to provide their
existing service for up to two (2) year in accordance with Texas Local Government Code
Section 43.056(n).
D) WASTEWATER FACILITIES
1) As development commences in these areas, sanitary sewer mains as defined by the Certificate
of Convenience and Necessity (CCN) Number 20764, as issued by the Texas Commission on
Environmental Quality (TCEQ) will be extended in accordance with the provisions of the
City’s codes, ordinances, regulations and policies. City participation in costs of these
extensions shall be in accordance with the applicable City codes, ordinances, regulations and
policies. Capacity and extensions shall be provided consistent with the characteristics of
topography, land utilization, and population density of the areas. If the annexed area is in the
CCN of another provider, wastewater service shall be provided in accordance with the
Page 25
policies of the CCN holder. In some instances, the City might acquire the CCN rights and
become the new wastewater provider, in time.
2) Sanitary sewer mains and lift stations installed or improved to City Standards, and accepted
by the City, within the annexed area which are located within dedicated easement, right-of-
way, or any other acceptable location approved by the City Manager or his designee, shall be
maintained by the City on the effective date of this ordinance.
3) Operation and maintenance of wastewater facilities in the annexed area that are within the
certified service area of another wastewater utility will be the responsibility of that utility.
Operation and maintenance of private wastewater facilities in the annexed area will be the
responsibility of the owner.
E) WATER FACILITES
1) Connections to existing City of Sanger water distribution mains for water service as defined
by Certificate of Convenience and Necessity (CCN) Number 10196, as issued by the Texas
Commission on Environmental Quality (TCEQ) will be provided in accordance with existing
City codes, ordinances, regulations and policies. Upon connection to existing distribution
mains, water service will be provided at rates established by City ordinance. If the annexed
area is in the CCN of another provider, water services shall be provided in accordance with
the policies of the CCN holder. In some instances, the City might acquire the CCN rights and
become the new water provider, in time.
2) As development commences in these areas, water distribution mains will be extended in
accordance with City of Sanger codes, ordinances, regulations and policies. City participation
in the costs of these extensions shall be in accordance with the City of Sanger’s codes,
ordinances, regulations and policies. Water service extensions and capacity shall be provided
consistent with the characteristics of topography, land utilization, and population density of
the area.
3) Operation and maintenance of existing water facilities in the annexed area that are within the
service area of another water utility will be the responsibility of that utility. Operation and
maintenance of private water facilities in the annexed area will be the responsibility of the
owner.
F) ROAD AND STREETS
1) Emergency street maintenance shall be provided within the annexed area on the effective date
of the applicable ordinance of acceptance. Routine maintenance will be provided within the
annexed area and will be scheduled as part of the City’s annual program and in accordance
with the City’s current codes, ordinances, regulations, policies and procedures defined therein
and/or as established by the City Council.
2) Any construction or reconstruction will be considered within the annexed area on the City-
wide basis and within the context of the City’s Capital Improvement Plan and/or yearly fiscal
budgetary allotments by the City Council. As development, improvement or construction of
the streets to City standards commences within this property, the policies of the City of
Sanger with regard to participation in the costs thereof, acceptance upon completion and
maintenance after completion shall apply.
3) Roadway signage and associated posts will be replaced in priority of importance starting with
regulatory signs, then warning signs, then informational signs and in conformance with fiscal
allotments by the City Council. If a sign remains, it will be reviewed and placed on the City’s
Page 26
inventory listed for routine re-placement. All existing signs will be reviewed for applicability
and based upon an engineering study. New signs will be installed when necessary and based
upon an engineering study.
4) Routine maintenance of road/street markings will be placed on a priority listing and
scheduled within the yearly budgetary allotments by the City Council.
5) The City will coordinate any request for improved road and street lighting with the local
electric provider. Any and all road and street lighting will be pursuant to the rules, regulations
and fees of such electric utility and shall be maintained by the applicable utility company.
G) ENVIRONMENTAL HEALTH, INSPECTIONS AND CODE ENFORCEMENT
SERVICES
1) Enforcement of the City ‘s environmental health ordinances and regulations, including but
not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and
animal control ordinances, shall be provided within this area sixty (60) days of the effective
date of the annexation ordinance. These ordinances and regulations will be enforced through
the use of existing personnel.
2) Inspection services including review of building plans, the issuance of permits and the
inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance
with City codes and ordinances will continue to be provided after the effective date of the
annexation ordinance. Existing personnel will be used to provide these services.
3) The City’s zoning, subdivision, sign and other ordinances shall be enforced in this area
beginning upon the effective date of the annexation.
4) All inspection services furnished by the City of Sanger, but not mentioned above, will be
provided to this area beginning within sixty (60) days of the effective date of the annexation
ordinance.
5) As development and construction commence in this area, sufficient personnel will be
provided to furnish this area the same level of environmental health, inspection and code
enforcement services as are furnished throughout the City.
H) PLANNING AND ZONING SERVICES
1) The Planning and Zoning jurisdiction of the City will extend to this area upon the effective
date of the annexation ordinance. City planning will thereafter encompass this property, and it
shall be entitled to consideration for zoning in accordance with the City’s Zoning Ordinance
and Comprehensive Plan.
I) PARKS, PLAYGROUNDS, LIBRARIES, SWIMMING POOLS
1) Residents within the annexed area may utilize all existing park and recreation facilities, on
the effective date of this ordinance. Fees for such usage shall be in accordance with current
fees established by ordinance.
2) As development commences in the area, additional park and recreation facilities shall be
constructed based on park policies defined in the Park Master Plan and as specified in the
Park Dedication Ordinance. The general planned locations and classifications of parks will
ultimately serve residents from the current City limits and residents from areas being
considered for annexation.
Page 27
J) PUBICLY OWNED FACILITIES
1) Any publicly owned facility, building or service located within the annexed area, and not
otherwise owned or maintained by another governmental entity, shall be maintained by the
City of Sanger on the effective date of the annexation ordinance.
K) OTHER SERVICES
1) Other services that may be provided by the City of Sanger, such as municipal and general
administration will be made available on the effective date of the annexation. The City of
Sanger shall provide levels of service, infrastructure, and maintenance that are comparable to
the levels of services, infrastructure, and infrastructure maintenance available in other parts of
the City of Sanger with similar topography, land use, and population density similar to those
reasonably contemplated or projected in the area.
L) UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
1) Nothing in this Service Plan shall require the City of Sanger to provide a uniform level of full
municipal services to each area of the City, including the annexed areas, if different
characteristics of topography, land use, and population density are considered a sufficient
basis for provided different levels of service, and it will not provide a lower level of service,
than were in existence in the annexed area at the time immediately preceding the annexation
process.
2) The of City of Sanger’s codes, ordinances, regulations and policies that apply throughout the
City may be reviewed at City Hall and at
https://z2codes.franklinlegal.net/franklin/Z2Browser2.html?showset=sangerset
M) TERM
1) This Service Plan shall be valid for a term of ten (10) years. Renewal of the Service Plan shall
be at the discretion of the City Council and must be approved by ordinance.
N) AMENDMENTS
1) This Service Plan may be amended if the City Council determines at a public hearing that
changed conditions or subsequent occurrences make this Service Plan unworkable or
obsolete. The City Council may amend the Service Plan to conform to the changed
conditions, subsequent occurrences or any other legally sufficient circumstances exist
pursuant to the LGC or other Texas or Federal laws that make this service plan unworkable,
obsolete or unlawful.
Page 28
CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. 5.B.
AGENDA MEETING DATE: February 7, 2022
TO: John Noblitt, City Manager
FROM: Alina Ciocan, Assistant City Manager
ITEM/CAPTION:
MASTER AGREEMENT KIMLEYHORN
Consider a Master Agreement between the City of Sanger and KimleyHorn and Associates, Inc. for continuing
professional services, and authorize the Mayor or City Manager to execute said Agreement. (Ciocan)
AGENDA TYPE: Regular
ACTION REQUESTED: Approval
BACKGROUND:
The City would like to retain KimleyHorn to provide engineering services. A separate Individual Project Order is
placed on the agenda for consideration related to the IH35 Utility Relocation Project.
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
The agreement has been reviewed by the City Attorney.
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
N/A
FUNDS:
N/A
STAFF RECOMMENDATION/ACTION DESIRED:
Staff recommends approval.
ATTACHMENTS:
Description Upload Date Type
Master Agreement KimleyHorn 1/27/2022 Cover Memo
Page 29
Rev. 01/2022 1
MASTER AGREEMENT BETWEEN CLIENT AND
KIMLEY-HORN AND ASSOCIATES, INC. FOR CONTINUING PROFESSIONAL SERVICES
THIS AGREEMENT is made this day of , 2022, by and between City of Sanger
(“the Client”) and KIMLEY-HORN AND ASSOCIATES, INC. (“the Consultant”). This Agreement sets forth
the terms whereby Kimley-Horn, or an affiliated company, will provide professional services on one or
more projects (with respect to each engagement "the Project"), with the specifics of each engagement to
be set forth in an Individual Project Order ("IPO"). If the IPO is executed by an affiliated company of
Kimley-Horn, the IPO shall incorporate the terms of this Agreement as if signed by the affiliated company.
1) Scope of Services and Additional Services. The Consultant will perform only the services set forth in
IPO’s (“the Services”). If requested by the Client in the writing and agreed to by the Consultant, the
Consultant will perform Additional Services and, the Client shall pay the Consultant for the
performance of any Additional Services in an amount based upon the Consultant’s then-current
hourly rates plus an amount to cover certain direct expenses including telecommunications, in-house
reproduction, postage, supplies, project related computer time, and local mileage. Other direct
expenses will be billed at 1.15 times cost.
2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client
shall:
a) Designate in writing a person to act as the Client's representative. Such person shall have
complete authority to transmit instructions, receive information, and make or interpret the Client's
decisions.
b) Provide all criteria and information as to the Client's requirements, objectives and expectations for
the Project, and all standards of development, design, or construction.
c) Provide the Consultant all available studies, plans, or other documents pertaining to the project,
such as survey, engineering data, environmental information, etc., all of which the Consultant
may rely upon.
d) Arrange for access to the project site and other property as required for the Consultant to perform
services.
e) Review all documents or reports presented by the Consultant and communicate decisions
pertaining thereto within a reasonable time so as not to delay the Consultant.
f) Furnish approvals and permits for all government authorities having jurisdiction over the Project
and such approvals and consents from others as may be necessary.
Page 30
Rev. 01/2022 2
g) Obtain any independent accounting, legal, cost estimating and feasibility services as the Client
my require.
h) Give prompt written notice to the Consultant whenever the Client becomes aware of any
development that affects the Consultant's services, or any defect or non-conformance in any
aspect of the Project.
3) Period of Services. This Agreement and the rates of compensation in IPO’s are agreed to in
anticipation of conditions permitting orderly and continuous progress of the Project through
completion of the Services. The Consultant shall begin work on each IPO after receipt of a fully
executed copy of the IPO. The times for performance shall be extended as necessary for periods of
suspension or delay resulting from circumstances the Consultant does not control. If such
suspension or delay extends for more than six months, the rates of compensation shall be
renegotiated.
4) Compensation for Services.
a) The Consultant's compensation shall be as stated herein, unless otherwise stated in the IPO.
The Client shall pay the Consultant an amount based upon the Consultant’s then-current hourly
rates plus an amount not to exceed 4.6 percent of billed labor to cover certain direct expenses
including telecommunications, in-house reproduction, postage, supplies, project related computer
time, and local mileage. Other direct expenses will be billed at 1.15 times cost.
b) If the Consultant's compensation is on an hourly basis, estimated fees and expenses incurred by
the Consultant exceeding any estimates set forth in the IPO shall be the liability of the Client.
5) Method of Payment.
a) Invoices will be submitted periodically for services performed and expenses incurred. Payment of
each invoice will be due within 30days of receipt. The Client shall also pay any applicable sales
tax. Interest will be added to accounts not paid within 30 days at the maximum rate allowed by
law. If the Client fails to make any payment due the Consultant under this or any other
agreement within 30 days after the Consultant's transmittal of its invoice, the Consultant may,
after giving notice to the Client, suspend services and withhold deliverables until all amounts due
are paid in full.
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Rev. 01/2022 3
b) If the Client relies on payment or proceeds from a third party to pay Consultant and Client does
not pay Consultant’s invoice within 60 days of receipt, Consultant may communicate directly with
such third party to secure payment.
c) If the Client objects to any charge on an invoice submitted by the Consultant, the Client shall so
advise the Consultant in writing giving its reasons within 14 days of receipt of the invoice or all
such objections shall be waived, and the amount stated in the invoice shall be conclusively
deemed due and owing. If the Client objects to only a portion of the invoice, payment for all other
portions remains due.
d) If the Consultant initiates legal proceedings to collect payments for services, it may recover, in
addition to all amounts due and payable, its reasonable attorneys' fees, reasonable experts' fees,
and other expenses related to the proceedings, including the cost, determined at the Consultant's
normal hourly billing rates, of the time devoted to such proceedings by its employees.
e) The Client agrees that the payment to the Consultant is not subject to any contingency or
condition. The Consultant may negotiate payment of any check tendered by the Client, even if
the words “in full satisfaction” or words intended to have similar effect appear on the check
without such negotiation being an accord and satisfaction of any disputed debt and without
prejudicing any right of the Consultant to collect additional amounts.
6) Use of Documents. All documents, data, and programs prepared by the Consultant are related
exclusively to the services described in the IPO and may be used only if the Client has satisfied all of
its obligations under this Agreement. They are not intended or represented to be suitable for use or
reuse by the Client or others on extensions of this project or on any other project. Any modifications
by the Client to any of the Consultant’s documents, or any use, partial use or reuse of the documents
without written authorization by the Consultant will be at the Client's sole risk and without liability to
the Consultant, and the Client shall to the extent allowable by law indemnify, defend and hold the
Consultant harmless from all claims, damages, losses and expenses, including but not limited to
attorneys' fees, resulting therefrom. The Consultant’s electronic files and source code remain the
property of the Consultant and shall be provided to the Client only if expressly provided for in the IPO.
Any electronic files not containing an electronic seal are provided only for the convenience of the
Client and use of them is at the Client’s sole risk. In the case of any defects in the electronic files or
any discrepancies between them and the hardcopy of the documents prepared by the Consultant, the
hardcopy shall govern.
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Rev. 01/2022 4
7) Intellectual Property. Consultant may use or develop its proprietary software, patents, copyrights,
trademarks, trade secrets, and other intellectual property owned by Consultant or its affiliates
(“Intellectual Property”) in the performance of this Agreement. Unless explicitly agreed to in writing by
both parties to the contrary, Consultant maintains all interest in and ownership of its Intellectual
Property and conveys no interest, ownership, license to use, or any other rights in the Intellectual
Property to Client. Any enhancements of Intellectual Property made during the performance of this
Agreement are solely owned by Consultant and its affiliates.
8) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment, or
services furnished by others, methods of determining prices, or competitive bidding or market
conditions, all opinions rendered as to costs, including but not limited to the costs of construction and
materials, are solely based on its judgment as a professional familiar with the industry. The
Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from
opinions of cost prepared by it. If at any time the Client wishes greater assurance as to the amount of
any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs
within any limitation established by the Client will be paid for as Additional Services.
9) Termination. The obligation to provide further services under this Agreement may be terminated by
either party upon seven days' written notice in the event of substantial failure by the other party to
perform in accordance with the terms hereof or upon thirty days’ written notice for the convenience of
the terminating party. The Consultant will be paid for all services performed to the effective date of
termination, all expenses subject to reimbursement, and other reasonable expenses incurred by the
Consultant as a result of such termination.
10) Standard of Care. The standard of care applicable to Consultant’s services will be the degree of
care and skill ordinarily exercised by consultants performing the same or similar services in the same
locality at the time the services are provided. No warranty, express or implied, is made or intended
by the Consultant's performance of services and it is agreed that Consultant is not a fiduciary with
respect to the Client.
11) LIMITATION OF LIABILITY. IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF
THE PROJECT TO BOTH THE CLIENT AND THE CONSULTANT, THE RISKS ARE ALLOCATED
SUCH THAT, TO THE EXTENT ALLOWED BY LAW, AND NOTWITHSTANDING ANY OTHER
PROVISIONS OF THIS AGREEMENT OR THE EXISTENCE OF APPLICABLE INSURANCE
Page 33
Rev. 01/2022 5
COVERAGE, THAT THE TOTAL LIABILITY, IN THE AGGREGATE OF THE CONSULTANT AND
THE CONSULTANT'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND
SUBCONSULTANTS TO THE CLIENT OR TO ANYONE CLAIMING BY, THROUGH OR UNDER
THE CLIENT, FOR ANY AND ALL CLAIMS, LOSSES, COSTS OR DAMAGES WHATSOEVER
ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES UNDER THIS AGREEMENT
FROM ANY CAUSE OR CAUSES, INCLUDING BUT NOT LIMITED TO, THE NEGLIGENCE,
PROFESSIONAL ERRORS OR OMISSIONS, STRICT LIABILITY OR BREACH OF CONTRACT OR
ANY WARRANTY, EXPRESS OR IMPLIED, OF THE CONSULTANT OR THE CONSULTANT'S
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUBCONSULTANTS SHALL NOT
EXCEED TWICE THE TOTAL COMPENSATION RECEIVED BY THE CONSULTANT UNDER THE
IPO OR $50,000, WHICHEVER IS GREATER. HIGHER LIMITS OF LIABILITY MAY BE
NEGOTIATED FOR ADDITIONAL FEE. THIS SECTION IS INTENDED SOLELY TO LIMIT THE
REMEDIES AVAILABLE TO THE CLIENT OR THOSE CLAIMING BY OR THROUGH THE CLIENT,
AND NOTHING IN THIS SECTION SHALL REQUIRE THE CLIENT TO INDEMNIFY THE
CONSULTANT.
12) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any
consequential, incidental, punitive, or indirect damages including but not limited to loss of income or
loss of profits.
13) Construction Costs. Under no circumstances shall the Consultant be liable for extra costs or other
consequences due to changed conditions, or for costs related to the failure of contractors to perform
work in accordance with the plans and specifications. Consultant shall have no liability whatsoever for
any costs arising out of the Client’s decision to obtain bids or proceed with construction before the
Consultant has issued final, fully approved plans and specifications. The Client acknowledges that all
preliminary plans are subject to substantial revision until plans are fully approved and all permits
obtained
14) Certifications. All requests for the Consultant to execute certificates, lender consents, or other third-
party reliance letters must be submitted to the Consultant at least 14 days prior to the requested date
of execution. The Consultant shall not be required to execute certificates, consents, or third-party
reliance letters that are inaccurate, that relate to facts of which the Consultant does not have actual
knowledge, or that would cause the Consultant to violate applicable rules of professional
responsibility.
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Rev. 01/2022 6
15) Dispute Resolution. Upon agreement of the Parties claims arising out of this Agreement may be
submitted to mediation. Any civil action must be commenced pursuant to the limitations described
under Texas Civil Practice and Remedies Code § 16.008. Venue for any dispute arising out of this
Agreement shall be Denton County, Texas.
16) Construction Phase Services.
a) If the Consultant prepares construction documents and the Consultant is not retained to make
periodic site visits, the Client assumes all responsibility for interpretation of the documents and for
construction observation, and the Client waives any claims against the Consultant for any
construction connected thereto.
b) The Consultant shall have no responsibility for any contractor's means, methods, techniques,
equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall
Consultant have any authority or responsibility to stop or direct the work of any contractor. The
Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of
confidence that the completed work of its contractors will generally conform to the construction
documents prepared by the Consultant. Consultant neither guarantees the performance of
contractors, nor assumes responsibility for any contractor’s failure to perform its work in
accordance with the contract documents.
c) The Consultant is not responsible for any duties assigned to it in the construction contract that are
not expressly provided for in this Agreement or the IPO. The Client agrees that each contract
with any contractor shall state that the contractor shall be solely responsible for job site safety
and for its means and methods; that the contractor shall indemnify the Client and the Consultant
for all claims and liability arising out of job site accidents; and that the Client and the Consultant
shall be made additional insureds under the contractor’s general liability insurance policy.
17) Hazardous Substances. Consultant shall not be a custodian, transporter, handler, arranger,
contractor, or remediator with respect to hazardous substances and conditions. Consultant's services
will be limited to analysis, recommendations, and reporting, including, when agreed to, plans and
specifications for isolation, removal, or remediation. The Consultant shall notify the Client of
unanticipated hazardous substances or conditions of which the Consultant actually becomes aware.
The Consultant may stop affected portions of its services until the hazardous substance or condition
is eliminated.
Page 35
Rev. 01/2022 7
18) Assignment and Subcontracting. Nothing under this Agreement shall be construed to give any rights
or benefits in this Agreement to anyone other than the Client and the Consultant, and all duties and
responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the
Client and the Consultant and not for the benefit of any other party. The Client or the Consultant shall
not assign, sublet or transfer any rights under or interest in this Agreement, or any claim arising out of
the performance of services by Consultant, without the written consent of either party. The
Consultant reserves the right to augment its staff with subconsultants as it deems appropriate due to
project logistics, schedules, or market conditions. If the Consultant exercises this right, they shall
inform the Client in writing and the Consultant will maintain the agreed-upon billing rates for services
identified in this Agreement or the IPO, regardless of whether the services are proved by in-house
employees, contract employees, or independent subconsultants.
19) Confidentiality. The Client consents to the Consultant’s use and dissemination of photographs of the
Project and to its use of facts, data and information obtained by the Consultant in the performance of
its services. If, however, any facts, data or information are specifically identified in writing by the
Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that
material.
20) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Texas. This
Agreement and each executed IPO contain the entire and fully integrated agreement between the
parties, and supersedes all prior and contemporaneous negotiations, representations, agreements, or
understandings, whether written or oral. Except as provided in Section 1, this Agreement can be
supplemented or amended only by a written document executed by both parties. Any conflicting or
additional terms on any purchase order issued by the Client shall be void and are hereby expressly
rejected by the Consultant. If Client requires Consultant to register with or use an online vendor
portal for payment or any other purpose, any terms included in the registration or use of the online
vendor portal that are inconsistent or in addition to these terms shall be void and shall have no effect
on Consultant or this Agreement. Any provision in this Agreement that is unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such unenforceability without
invalidating the remaining provisions or affecting the enforceability of the provision in any other
jurisdiction. The non-enforcement of any provision by either party shall not constitute a waiver of that
provision or affect the enforceability of that provision or the remainder of this Agreement.
Page 36
Rev. 01/2022 8
CITY OF SANGER, TEXAS KIMLEY-HORN AND ASSOCIATES, INC.
A municipality
SIGNED: __________________________ SIGNED: __________________________
PRINTED NAME: ____________________ PRINTED NAME: ____________________
TITLE: _____________________________ TITLE: _____________________________
DATE: _____________________________ DATE: _____________________________
Scott R. Arnold
Vice President
January 26, 2022
Page 37
CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. 5.C.
AGENDA MEETING DATE: February 7, 2022
TO: John Noblitt, City Manager
FROM: Alina Ciocan, Assistant City Manager
ITEM/CAPTION:
INDIVIDUAL PROJECT ORDER KIMLEYHORN
Consider an Individual Project Order with KimleyHorn and Associates, Inc. providing for professional engineering
services associated with the I35 Utility Relocation Project, and authorize the City Manager to execute said Project
Order in an amount not to exceed $499,600. (Ciocan/Bolz)
AGENDA TYPE: Regular
ACTION REQUESTED: Approval
BACKGROUND:
Due to the upcoming expansion of IH35 by TxDOT, the City has to relocate several utilities in conflict as identified in
the attached Individual Project Order and listed below:
Up to seven crossing utility conflicts and multiple longitudinal conflicts
installation of approximately 14,300 linear feet of waterline
installation of approximately 7,100 linear feet of sanitary sewer
abandonment of water and sewer facilities in conflict with the TxDOT project
The Scope of Services outlined in the Individual Project Order consists of several task orders as outlined below.
Task 1 Water and Sewer Design
Task 2 Bidding
Task 3 Construction Contract Administration
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
N/A
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
Page 38
CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 5.C.AGENDA MEETING DATE: February 7, 2022TO: John Noblitt, City ManagerFROM: Alina Ciocan, Assistant City ManagerITEM/CAPTION:INDIVIDUAL PROJECT ORDER KIMLEYHORNConsider an Individual Project Order with KimleyHorn and Associates, Inc. providing for professional engineeringservices associated with the I35 Utility Relocation Project, and authorize the City Manager to execute said ProjectOrder in an amount not to exceed $499,600. (Ciocan/Bolz)AGENDA TYPE: RegularACTION REQUESTED: Approval BACKGROUND:Due to the upcoming expansion of IH35 by TxDOT, the City has to relocate several utilities in conflict as identified inthe attached Individual Project Order and listed below: Up to seven crossing utility conflicts and multiple longitudinal conflicts installation of approximately 14,300 linear feet of waterline installation of approximately 7,100 linear feet of sanitary sewer abandonment of water and sewer facilities in conflict with the TxDOT projectThe Scope of Services outlined in the Individual Project Order consists of several task orders as outlined below.Task 1 Water and Sewer DesignTask 2 BiddingTask 3 Construction Contract Administration LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:N/A
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
Cost: $499,600
FUNDS:
Enterprise Projects Fund
STAFF RECOMMENDATION/ACTION DESIRED:
Staff recommends approval.
ATTACHMENTS:
Description Upload Date Type
Individual Project Order Number 2022 IH35 Utility Relocations 1/27/2022 Cover Memo
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Individual Project Order Number 2022 I-35 Utility Relocations for TxDOT CSJ 0195-02-074
rev 1/22 Page 1 of 9
Describing a specific agreement between Kimley-Horn and Associates, Inc. (the Consultant), and the City
of Sanger, Texas (the Client) in accordance with the terms of the Master Agreement for Continuing
Professional Services dated _____________ which is incorporated herein by reference.
Identification of Project: Sanger 2022 I-35 Utility Relocations for TxDOT CSJ 0195-02-074
Project Understanding: This project consists of providing professional engineering services associated
with the following project:
2022 I-35 Utility Relocations for TxDOT CSJ 0195-02-074 to include:
·Up to Seven (7) crossing utility conflicts and multiple longitudinal conflicts
o Installation of approximately 14,300 linear feet of waterline
o Installation of approximately 7,100 linear feet of sanitary sewer
o Abandonment of water and sewer facilities in conflict with the TxDOT project
Specific scope of basic Services:See Below
Task 1 – Water and Sewer Design
The Consultant will provide the following professional services as specified in the “Project
Understanding” section of this project:
A.Design level survey – The survey will include the following:
1.Gather existing right-of-way and easement information
2.Collect property owner and record information and tie right-of-way corners in the field
3.Contact DIG TESS to locate and mark existing franchise and public utilities prior to
performing the field survey
4.The Client shall arrange and make all provisions for access to perform the survey services
5.Perform a field survey of up to 17,000 feet to identify and locate existing topographic
elements within corridor
6.Limits shall be 200-wide and 40-ft beyond TxDOT ROW per each crossing and 20-ft outside
the proposed ROW and including up to the existing frontage roads for the longitudinal
installation.
7.Establish up to two (2) horizontal and vertical control benchmarks for each of the project
locations.
8.Prepare a final topographic drawing (ACAD) in digital format (including contours and break
lines) showing the features located in the field as well as property information and ASCII
coordinate file of points located in the field.
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Individual Project Order Number 2022 I-35 Utility Relocations for TxDOT CSJ 0195-02-074
rev 1/22 Page 2 of 9
B.Subsurface Exploration – Two bores on either side of I-35 crossings and extrude sample borings
(up to 10 borings) to depths of approximately 30 feet below existing grade using truck-mounted
equipment.
1.Check samples for consistency with a hand penetrometer.
2.Stake the boring locations using normal taping procedures.
3.Backfill bore holes and plug at the surface.
C.Laboratory Services – Considering the planned facilities, anticipated soil conditions, and geology,
the following laboratory tests will be required for classification purposes and to determine
strength characteristics: moisture content and soil identification, liquid and plastic limit
determinations, unit weight determinations, soluble sulfate tests (to determine lime-induced
heaving potential)
D.Geotechnical Engineering Services - Provide (1) copy of an engineering report presenting the
following:
1.Sample boring location map.
2.General soil and ground-water conditions.
3.Trenchless and Open Cut recommendations.
4.Earthwork recommendation.
E.Water and Sanitary Sewer Contract Documents - Coordinate with TxDOT Utility Coordination
team, Prepare engineering plans, specifications, and construction contract documents for project
bidding and regulatory approval. Plans will consist of 22” x 34” plan and profile sheets. The
Consultant will provide the following information on the plan sheets:
1.Construction Plans
·Cover Sheet
·General Notes
·Project Layout and Control
·Utility Abandonment Plan
·Water/Sewer Plan and Profile Sheets
·Traffic Control Plan (Standard TxDOT details)
·Erosion Control Plan
·Standard City Details
2.Specifications – Prepare specifications, to include technical specifications for materials and
installation of the proposed facilities. The Contract Documents will be based upon the
Engineers Joint Contract Documents Committee (EJCDC) documents. The NCTCOG
Standard Specifications for Public Works Construction and the Client’s requirements for
Public Works Construction will govern all other specifications.
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Individual Project Order Number 2022 I-35 Utility Relocations for TxDOT CSJ 0195-02-074
rev 1/22 Page 3 of 9
3.TxDOT Coordination
·Attend up to six (6) utility coordination meetings during design and construction facility
by TxDOT.
·Attend up to three (3) meetings with TxDOT to review proposed design and utility
adjustment package and reimbursement calculations.
·Prepare Utility Adjustment Assembly (U-35 agreement) in accordance with the Utility
Manual including the following: Prepare construction cost projections, eligibility ratio,
and schedule. Address up to two (2) rounds of comments from TxDOT and resubmit
package.
·Assisting the Client with preparing partial payment/reimbursement requests to TxDOT.
It is assumed that six (6) partial payment requests may be made through the design and
construction phases of the project.
F.Consultant will perform up to two (2) site visits to confirm existing conditions and compare with
proposed design.
G.Submit to the Client 60% and 90% complete plans, specifications, Contract Documents, and final
OPCC for review and comments.
H.Make revisions based on the Client’s review of the 60% and 90% submittal.
I.Submit to Client final Bid Documents.
Deliverables:
a.Two (2) copies of 60% and 90% complete plans, specifications, Contract Documents and final OPCC
for review and comment.
b.Two (2) copies of Bid Documents.
Services/Deliverables provided by the Client:
a.Review and comment on the 60% and 90% submittal.
b.The Client will be responsible for paying any permit application fees or other fees required
c.The Client will obtain CADD files and other data from TxDOT for use in design of the utility
relocations.
d.This assumes SUE (subsurface utility engineering) is provided by TxDOT. No SUE is included in the
scope of services and shall be considered additional service if required.
Task 2 – Bidding
A.Advertise contract documents on Civcast.com.
B.Print and issue up to two sets of bidding documents for viewing at City Hall.
C.Prepare Notice to Bidders. Client is responsible for submitting advertisement and any cost
associated with advertisement.
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Individual Project Order Number 2022 I-35 Utility Relocations for TxDOT CSJ 0195-02-074
rev 1/22 Page 4 of 9
D.Issue addenda as required.
E.Prepare bid tabulation and recommendation for award letter.
E. In this Task, Consultant will:
1.Attend Pre-bid Meeting (if required),
2.Attend Bid Opening, and
3.Attend City Council Construction Contract Award Meeting.
Deliverables:
a.Two (2) copies of conformed bid documents
Services/Deliverables provided by the Client:
a.The Client will be responsible for paying any permit application fees or other fees required.
Task 3 - Construction Contract Administration
Consultant will provide professional construction phase services to the Client during construction of this
project. The estimated construction period of the project is twelve (12) months for the basis of
establishing the Consultant’s Fee. The construction phase services are as follows:
A.Pre-Construction Conference – the Consultant will conduct a pre-construction conference prior to
commencement of work at the site.
B.Visits to Site and Construction Observation – the Consultant will provide on-site construction
observation services during the construction phase. Consultant will make visits at intervals as
directed by Client in order to observe the progress of the Work. Such visits and observations by
Consultant are not intended to be exhaustive or to extend to every aspect of Contractor's work in
progress. Observations are to be limited to spot checking, selective measurement, and similar
methods of general observation of the Work based on Consultant’s exercise of professional
judgment. Based on information obtained during such visits and such observations, Consultant
will evaluate whether Contractor's work is generally proceeding in accordance with the Contract
Documents, and Consultant will keep Client informed of the general progress of the Work.
C.The purpose of Consultant’s site visits will be to enable Consultant to better carry out the duties
and responsibilities specifically assigned in this Agreement to Consultant, and to provide Client a
greater degree of confidence that the completed Work will conform in general to the Contract
Documents. Consultant shall not, during such visits or as a result of such observations of
Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall
Kimley-Horn have authority over or responsibility for the means, methods, techniques, equipment
choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for
safety precautions and programs incident to Contractor's work, nor for any failure of Contractor
to comply with laws and regulations applicable to Contractor's furnishing and performing the
Work. Accordingly, Consultant neither guarantees the performance of any Contractor nor
assumes responsibility for any Contractor's failure to furnish and perform its work in accordance
with the Contract Documents.
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Individual Project Order Number 2022 I-35 Utility Relocations for TxDOT CSJ 0195-02-074
rev 1/22 Page 5 of 9
D.Recommendations with Respect to Defective Work – the Consultant will recommend to Client
that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such
observations, Consultant believes that such work will not produce a completed Project that
conforms generally to Contract Documents.
E.Clarifications and Interpretations – the Consultant will respond to reasonable and appropriate
Contractor requests for information and issue necessary clarifications and interpretations of the
Contract Documents to Client as appropriate to the orderly completion of Contractor's work. Any
orders authorizing variations from the Contract Documents will be made by Client.
F.Change Orders – the Consultant may recommend Change Orders to Client, and will review and
make recommendations related to Change Orders submitted or proposed by the Contractor.
G.Shop Drawings and Samples – the Consultant will review and approve or take other appropriate
action in respect to Shop Drawings and Samples and other data which Contractor is required to
submit, but only for conformance with the information given in the Contract Documents. Such
review and approvals or other action will not extend to means, methods, techniques, equipment
choice and usage, sequences, schedules, or procedures of construction or to related safety
precautions and programs.
H.Substitutes and "or-equal." – the Consultant will evaluate and determine the acceptability of
substitute or "or-equal" materials and equipment proposed by Contractor in accordance with the
Contract Documents, but subject to the provisions of applicable standards of state or local
government entities.
I.Inspections and Tests – the Consultant may require special inspections or tests of Contractor's
work as Consultant deems appropriate, and may receive and review certificates of inspections
within Consultant’s area of responsibility or of tests and approvals required by laws and
regulations or the Contract Documents. Consultant’s review of such certificates will be for the
purpose of determining that the results certified indicate compliance with the Contract Documents
and will not constitute an independent evaluation that the content or procedures of such
inspections, tests, or approvals comply with the requirements of the Contract Documents.
Consultant shall be entitled to rely on the results of such tests and the facts being certified.
J.Disagreements between Client and Contractor – the Consultant will, if requested by Client, render
written decision on all claims of Client and Contractor relating to the acceptability of Contractor's
work or the interpretation of the requirements of the Contract Documents pertaining to the
progress of Contractor's work. In rendering such decisions, Consultant shall be fair and not show
partiality to Client or Contractor and shall not be liable in connection with any decision rendered
in good faith in such capacity.
K.Applications for Payment – Based on its observations and on review of applications for payment
and accompanying supporting documentation, Consultant will determine the amounts that
Consultant recommends Contractor be paid. Such recommendations of payment will be in
writing and will constitute Consultant’s representation to Client, based on such observations and
review, that, to the best of Consultant’s knowledge, information and belief, Contractor’s work has
progressed to the point indicated and that such work-in-progress is generally in accordance with
the Contract Documents subject to any qualifications stated in the recommendation. In the case
of unit price work, Consultant’s recommendations of payment will include determinations of
quantities and classifications of Contractor's work, based on observations and measurements of
quantities provided with pay requests.
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Individual Project Order Number 2022 I-35 Utility Relocations for TxDOT CSJ 0195-02-074
rev 1/22 Page 6 of 9
L.By recommending any payment, Consultant shall not thereby be deemed to have represented that
its observations to check Contractor's work have been exhaustive, extended to every aspect of
Contractor's work in progress, or involved detailed inspections of the Work beyond the
responsibilities specifically assigned to Consultant in this Agreement. It will also not impose
responsibility on Consultant to make any examination to ascertain how or for what purposes
Contractor has used the moneys paid on account of the Contract Price, nor to determine that title
to any portion of the work in progress, materials, or equipment has passed to Client free and clear
of any liens, claims, security interests, or encumbrances, nor that there may not be other matters
at issue between Client and Contractor that might affect the amount that should be paid.
M.Substantial Completion – the Consultant will, promptly after notice from Contractor that it
considers the entire Work ready for its intended use, in company with Client and Contractor,
conduct a site visit to determine if the Work is substantially complete. Work will be considered
substantially complete following satisfactory completion of all items with the exception of those
identified on a final punch list. If after considering any objections of Client, Consultant considers
the Work substantially complete, Consultant will notify Client and Contractor.
N.Final Notice of Acceptability of the Work – the Consultant will conduct a final site visit to
determine if the completed Work of Contractor is generally in accordance with the Contract
Documents and the final punch list so that Consultant may recommend, in writing, final payment
to Contractor. Accompanying the recommendation for final payment, Consultant shall also
provide a notice that the Work is generally in accordance with the Contract Documents to the best
of Consultant’s knowledge, information, and belief based on the extent of its services and based
upon information provided to Consultant upon which it is entitled to rely.
O.Limitation of Responsibilities – the Consultant shall not be responsible for the acts or omissions
of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity
performing or furnishing the Work. Consultant shall not have the authority or responsibility to
stop the work of any Contractor.
P.Record Drawings – Prepare project “Record Drawings” based on information provided by the
Contractor and/or Client as to the actual field placement of the work including any changes or
deletions. Consultant is not responsible for the accuracy of the information provided by the
Contractor and/or the Client. Consultant will provide the following deliverables:
·One (1) set of reproducible (22” x 34”) Record Drawings.
·One (1) set of .pdf file Record Drawings (each sheet will be a separate .pdf file)
Deliverables:
a.Shop Drawing Reviews – as described above.
b.Contractor’s Estimates – as described above.
Services/Deliverables provided by the Client:
a.Provide input on progress of work.
b.Payment of the Contractor.
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Individual Project Order Number 2022 I-35 Utility Relocations for TxDOT CSJ 0195-02-074
rev 1/22 Page 7 of 9
Additional Services if required:See Below
Any services not specifically provided for in the above scope, as well as any changes in the scope
requested by the Client, will be considered additional services. Additional Services will be compensated
on a reimbursable basis at the then current hourly rates. Consultant will not perform any Additional
Services without Client’s prior approval. Additional services include, but are not limited to, the
following:
·Accompanying the Client’s personnel when meeting with the Texas Commission on
Environmental Quality, U.S. Environmental Protection Agency or other regulatory agencies
during the course of the Project. Consultant will assist the Client’s personnel on an as-needed
basis in preparing compliance schedules, progress reports, and providing general technical
support for the Client’s compliance efforts.
·Assisting Client or Contractor in the defense or prosecution of litigation in connection with or in
addition to those services contemplated by this Agreement. Such services, if any, will be
furnished by Consultant on a fee basis negotiated by the respective parties outside of and in
addition to this Agreement.
·Sampling, testing, or analysis beyond that specifically included in the Scope of Services
referenced herein above.
·Preparing applications and supporting documents for government grants, loans, or planning
advances, and providing data for detailed applications.
·Any additional changes to the Contract Documents necessary to break the project into phases or
bidding portions of the project at a later date.
·Making significant modifications to the plans and specifications if changes are made by TxDOT
roadway design.
·Additional design to adjust utility appurtenances to final grades during or after TxDOT roadway
construction.
·Making significant modifications to the plans and specifications after the 90% submittals have
been approved by the Client.
·Providing project representative services, on-site inspection, during the construction phase of the
project.
·Additional drafts and response to comments beyond those described in the scope.
·Preparation of Title Policies and Assisting in Condemnation Services during property acquisition.
·Preparation of platting documents and/or real property survey for site acquisition.
·Additional sets of bidding documents.
·Professional services associated with re-bidding the project.
·Providing additional presentations to City Council.
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Individual Project Order Number 2022 I-35 Utility Relocations for TxDOT CSJ 0195-02-074
rev 1/22 Page 8 of 9
·Providing additional documentation required by the Client’s legal representative during
condemnation proceedings.
·Providing any easement documents or acquisition services.
·Providing services associated with railroad coordination or permitting.
·Attending additional public meetings during the project.
·Any services not listed in the Scope of Services.
·The design of off-site drainage improvements.
·Providing services associated with traffic signal design.
·Providing services or documentation associated with flood plain permitting.
·Providing additional public coordination during the project, such as meeting with public and City
staff, or coordinating with landowners affected by the proposed project. This may include
preparing exhibits to demonstrate the project to the public.
Services provided by Client: Client shall review and provide comments for proposed design so that
Consultant can adhere to the project schedule.
Schedule:Consultant will begin services upon receipt of Notice to Proceed.
Deliverables: See items listed above under Scope of Services.
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Individual Project Order Number 2022 I-35 Utility Relocations for TxDOT CSJ 0195-02-074
rev 1/22 Page 9 of 9
Method of compensation: Kimley-Horn will perform the Services on a labor fee plus expense basis.
Labor fee will be billed on an hourly basis according to our then-current rates. See below for Task budget
breakdowns.
Direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses
will be billed at 1.15 times cost. A percentage of labor fee will be added to each invoice to cover certain
other expenses such as telecommunications, in-house reproduction, postage, supplies, project related
computer time, and local mileage. Administrative time related to the project will be billed hourly. All
permitting, application, and similar project fees will be paid directly by the Client.
Based on current information, Kimley-Horn estimates that labor fees will be approximately $499,600.
Fee estimates in this Agreement are for general budgeting purposes only. Actual fees may be less or
more than the estimates.
Task 1 – Water and Sewer Design $408,600
Task 2 – Bidding $16,000
Task 3 – Construction Contract Administration $75,000
Total Estimated Fee $499,600
All permitting, application, and similar project fees will be paid directly by the Client. Fees and expenses
will be invoiced monthly based, as applicable, upon the percentage of services performed or actual
services performed and expenses incurred as of the invoice date. Payment will be due within 25 days of
your receipt of the invoice.
Other special terms of Individual Project Order:None.
ACCEPTED:
CITY OF SANGER, TEXAS KIMLEY-HORN AND ASSOCIATES, INC.
BY:BY:
John Noblitt John R. Atkins. P.E.
TITLE:City Manager TITLE:Vice President
DATE:DATE:01/20/2022
Page 48
CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. 5.D.
AGENDA MEETING DATE: February 7, 2022
TO: John Noblitt, City Manager
FROM: Donna Green Director of Marketing & Civic Engagement
ITEM/CAPTION:
FIREWORK CONTRACT AND DISPLAY
Consider approval for fireworks display inside the Sanger City Limits on July 2, 2022, an agreement with Illumination
Fireworks for $25,000 to purchase a fireworks display, and authorize the Mayor or City Manager to execute said
agreement. (Green)
AGENDA TYPE: Regular
ACTION REQUESTED: Approval
BACKGROUND:
In years past, the City of Sanger has not had a fireworks display as part of the Freedom Fest. Our desire is to grow
this event and double the attendance. The addition of a fireworks show will be a draw for the resident's of Sanger and
the surrounding areas.
Move celebration to Porter Park
Our Charter does not currently allow fireworks within the City limits. Approval of this request allows a variance
to have the fireworks show within the City limits on July 2, 2022
Launch site Shani has spoken to the EDC board and they are allowing us to use the EDC property across from
Porter Park for the launch of the fireworks
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
NA
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
$25,000
FUNDS:
Special Events
Page 49
CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 5.D.AGENDA MEETING DATE: February 7, 2022TO: John Noblitt, City ManagerFROM: Donna Green Director of Marketing & Civic EngagementITEM/CAPTION:FIREWORK CONTRACT AND DISPLAYConsider approval for fireworks display inside the Sanger City Limits on July 2, 2022, an agreement with IlluminationFireworks for $25,000 to purchase a fireworks display, and authorize the Mayor or City Manager to execute saidagreement. (Green)AGENDA TYPE: RegularACTION REQUESTED: Approval BACKGROUND:In years past, the City of Sanger has not had a fireworks display as part of the Freedom Fest. Our desire is to growthis event and double the attendance. The addition of a fireworks show will be a draw for the resident's of Sanger andthe surrounding areas.Move celebration to Porter ParkOur Charter does not currently allow fireworks within the City limits. Approval of this request allows a varianceto have the fireworks show within the City limits on July 2, 2022Launch site Shani has spoken to the EDC board and they are allowing us to use the EDC property across fromPorter Park for the launch of the fireworksLEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:NAFINANCIAL SUMMARY FUNDING/FISCAL IMPACT:$25,000FUNDS:
Special Events
STAFF RECOMMENDATION/ACTION DESIRED:
Staff recommends you approve the contract with Illumination Fireworks and that you approve a fireworks show inside
the Sanger City Limits on July 2nd, 2022.
ATTACHMENTS:
Description Upload Date Type
Launch Site 1/27/2022 Cover Memo
Fireworks Contract 1/27/2022 Cover Memo
Page 50
Page 51
ESTIMATE
E-10442
1605 Crescent Circle, Suite 200
Carrollton, TX 75006
07.02.22 City of Sanger [1.3G]
Account Manager Ship Date Return Date Shipping Address
Andrew Schoffler 7/2/2022 12:00 AM 7/2/2022 12:00 AM 33.341568, -97.178133
Sanger, Tx 76266
Description Price Qty Sub Total
17 to 20 Minute 1.3G Fireworks Display (shells up to 8")$24,950.00 1 $24,950.00
Local Fire Department Permit/Standby Fees*$0.00 1 $0.00
State Fire Department Permit/Standby Fees (Estimated)$50.00 1 $50.00
Display Estimate Includes:
$10,000,000 (Ten Million) General Liability & Auto Insurance
Workers Compensation Insurance
Federal ATF Explosives License, State & Local Permit Acquisition
Computer Scripting/Choreography
All Necessary Transportation
All Necessary Equipment
All Necessary Labor Including Experienced, Licensed Pyrotechnicians & Assistants
100% Electronic Computer Firing
Equipment Tear-down & Cleanup
Estimate Notes
* - Cities generally waive their own permit fee's for 4th of July Displays
Total $25,000.00
Page 52
CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. 6.A.
AGENDA MEETING DATE: February 7, 2022
TO: John Noblitt, City Manager
FROM: Police Department
ITEM/CAPTION:
ALL AMERICAN DOGS REPORT
November and December 2021 All American Dogs Report
AGENDA TYPE: Regular
ACTION REQUESTED:
BACKGROUND:
N/A
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
N/A
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
N/A
FUNDS:
N/A
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Description Upload Date Type
All American Dogs 1/27/2022 Exhibit
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