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03/23/2015-CC-Agenda Packet-RegularTEXAS AGENDA CITY COUNCIL MONDAY, MARCH 23, 2015 7:00 PM 502 ELM STREET 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). CONSENT AGENDA 3. a) Approval of Minutes: March 2, 2015 - Work Session March 2, 2015 - City Council b) Disbursements 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Mayor to Present Certificates of Appreciation to the Sanger Leadership Academy. 6. Consider, Discuss and Possibly Act on Approving a Development Agreement to Defer the Construction of Public Improvements for the Final Plat of Sanger Circle Phases IA & 1B. 7. Consider, Discuss and Possibly Act on Approving the Final Plat of Sanger Circle, Phase 113, 5.11 Acres Located South and West of the Intersection of Sanger Circle Drive and Wagon Wheel Drive. 8. Consider, Discuss and Possibly Act on Approving Awarding the Construction Contract to Gary Dill Backhoe Service for the Water and Wastewater Lines on the Sims Project in the Amount of $277,786.95. 9. Consider, Discuss and Possibly Act on Approving Soliciting Requests for Qualifications for Easement Acquisition Services. 10. INFORMATION ITEMS: a) City Wide Garage Sale Update b) Sanger Leadership Academy Update c) All American Dogs Report - February 11. Adjourn. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible tote ener 1 pub ' at all ti es, and said notice was osted on the following date and time: at ;.m. and shall remain posted until meeting is adjourne . ,`�►►s►isss3srarsrz;r n !r r `�>>� ®� ��f��j/,f ter•. Tami Taber, City Secretary City of Sanger, Texas TEXAS •' ``\`��r rNN+sss1110 " This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. MINUTES: CITY COUNCIL WORKSESSION March 2, 2015 PRESENT: Mayor Thomas Muir, Councilman Billy Ezell, Councilman Russell Martin, Councilman Scott Stephens, Councilman Gary Bilyeu and Councilman Allen Chick OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary and Mike Brooks with Brooks Cardiel PLLC 1. Call Meeting to Order. Mayor Muir called the meeting to order at 6:00 p.m. 2. Overview of Audit for Fiscal Year End 2013/2014 by Brooks Cardiel PLLC. Mike Brooks gave an overview of the audit through a slide show presentation. He commented that the audit went smoothly. He gave a clean unmodified opinion and stated that is the highest that we can receive. The General Fund shows $93,000 more than what was budgeted and $91,000 less was spent than budgeted, a sign of a strong fiscal year. He reviewed the required auditor disclosure letter which discloses any difficulties. There were two corrected misstatements shown in Exhibit 1. The second item is the management letter in which he had two findings. The first was a project that falls under Chapter 252 of the Texas Local Government Code. It should have been a competitive bid and was not. The City was aware and has made steps to correct that. The second item was pension standards. In June of 2012, the Government Accounting Standards Board (GASB) issued Statement No. 68, Financial Reporting for Pensions Plans - an amendment of GASB Statement No. 25, which revises and establishes new financial report requirements for governments that provide pension benefits to its employees and retirees. He recommended management familiarize itself with GASB Statement No. 68 to prepare for its implementation. The City has begun implementing controls as provided by TMRS. 3. Overview of Items on Regular Agenda. 4. Adjourn. Mayor Muir adjourned the meeting at 6:30 p.m. MINUTES: CITY COUNCIL MEETING March 2, 2015 PRESENT: Mayor Thomas Muir, Councilman Billy Ezell, Councilman Russell Martin, Councilman Scott Stephens, Councilman Gary Bilyeu and Councilman Allen Chick OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Alina Ciocan Economic Development Director, Richard Muir, Craig Chambers and David Clark 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:00 p.m. Councilman Bilyeu led the Invocation followed by Councilman Chick leading the Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). None. CONSENT AGENDA: 3. a) Approval of Minutes: February 17, 2015 - City Council b) Disbursements c) Approve Proclamation #03-02-15 - Poison Prevention Week Councilman Ezell made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Presentation of an Economic Development Grant by CoServ. Craig Chambers with CoSery introduced Richard Muir who is on the Board of Directors for this area. Craig presented a check in the amount of $15,075.00 to fund an Economic Development website and to fund another retail study. 6. Consider, Discuss and Possibly Act on Approving Audit for Fiscal Year End 2013/2014 by Brooks Cardiel PLLC. Councilman Bilyeu made a motion to approve. Seconded by Councilman Chick. Motion carried unanimously. 7. Consider, Discuss and Possibly Approve Ordinance #03-01-15 - Amending the Code of Ordinances to Establish a Public Tree Care Ordinance for Trees Located Upon City Owned Property, Streets and Right -of -Ways. Councilman Stephens made a motion to approve. Seconded by Councilman Ezell. Motion carried unanimously. 8. Consider, Discuss and Possibly Approve Resolution #R03-02-15 -Requesting Members of the 84th Legislative Session of Texas to Support Legislation That Increases Funding for the Texas Recreation and Park Account and Large County and Municipality Recreation and Parks Account. Councilman Martin made a motion to approve. Seconded by Councilman Bilyeu. Motion carried unanimously. 9. INFORMATION ITEMS: a) Financial and Investment Report - January b) All American Dogs Report - January 10. Adjourn. Mayor Muir adjourned the meeting at 7:22 p.m. PAGE: 1 3/09/2015 11:48 A14 A / P CHECK REGISTER PACKET: 07277 Regular Payments 3.9.15 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT VENDOR NAME / I.D. DESC 26410 DENTON COUNTY CLERK I-13074 R184994 RELEASE LIEN 305 ASTER I-13074 R58827 RELEASE LIEN 313 ELM I-13085 R257254 RELEASE LIEN 115 TEAL 07750 HOME DEPOT/GECF C-07650872 TOOLS I-1901362 BAY LIGHT I-2024773 ELECTRICAL WIRING I-2860084 TOOLS TOTAL ERRORS: 0 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE-91RITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 CHECK CHECK TYPE DATE R 3/09/2015 R 3/09/2015 R 3/09/2015 R 3/09/2015 R 3/09/2015 R 3/09/2015 R 3/09/2015 NO# DISCOUNTS 2 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 2 0.00 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 30.000R 059458 60.000R 059458 30.000R 059458 120.00 11.19 059459 995.000R 059459 384.13CR 059459 179.82CR 059459 1,547.76 CHECK AMT 1, W.76 0.00 0.00 0.00 0.00 0.00 0.00 1,667.76 TOTAL APPLIED 1,667.76 0.00 0.00 0.00 0.00 0.00 0.00 1,667.76 3/09/2015 8:47 A14 A / P CHECK REGISTER PAGE: 1 PACKET: 07274 Regular Payments 3.9.15 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 21930 BANK OF NEW YORK MELLON I-2/10/15 SANG2006 2006 CO D 2/10/2015 73,273.75CR 000000 73,273.75 25320 SPIRIT OF TEXAS BANK I-2/10/15 6101454 AUGER PAYMENT D 2/10/2015 50,234.96CR 000000 I-2/10/15 6101813 STREETS EQUIPMENT PAYMENT D 2/10/2015 51,535.45CR 000000 101,770.41 25070 ALL AMERICAN DOGS INC I-2036 FEB SHELTER SERVICE R 3/09/2015 3,400.000R 059429 I-2039 FEB SURRENDERS 2015 R 3/09/2015 300.000R 059429 3,700.00 08810 ANIMAL CARE EQUIP & SVS, CORP. I-33506 HUMANIC LEASHER R 3/09/2015 57.93CR 059430 57.93 00420 BOUND TREE MEDICAL, LLC I-81705921 EMS SUPPLIES R 3/09/2015 59.35CR 059431 I-81711444 EMS SUPPLIES R 3/09/2015 478.61CR 059431 537.96 25690 BWI COMPANIES, INC I-12850049 CHEMICALS R 3/09/2015 3,937.82CR 059432 3,937.82 14790 CENTER POINT LARGE PRINT 1-1258761 BOOKS R 3/09/2015 280.98CR 059433 280.98 12760 CINTAS, INC. I-492317395 UNIFORMS R 3/09/2015 90.40CR 059434 I-492320386 UNIFORMS R 3/09/2015 90.40CR 059434 I-492323402 UNIFORMS R 3/09/2015 90.40CR 059434 i I-492329501 UNIFORMS R 3/09/2015 90.40CR 059434 361.60 i CITY OF SANGER j 1-3/1/2015 1/20/2015-2/17/2015 R 3/09/2015 31,064.77CR 059435 31,064.77 I 21100 COLEMAN LAW FIRM I-3/2/2015 2/3/2015 PRETRIALS R 3/09/2015 300.000R 059436 300.00 I 00710 DATA BUSINESS FORMS INC. I-101110 NOTARY STAMP R 3/09/2015 37.18CR 059437 37.18 00740 DCAD I-6868 DCAD 2015 BUDGET R 3/09/2015 4,994.53CR 059438 4,994.53 3/09/2015 8:47 AM A / P CHECK REGISTER PAGE: 2 PACKET: 07274 Regular Payments 3.9.15 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DISC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 22740 DENTON COUNTY AUDITOR I-SANGER 15 MARCH COMMUNICATIONS AGREEMENT R 3/09/2015 3,972.00CR 059439 3,972.00 18790 FUELMAN I-NP43715608 FUEL14AN 2/23/15-3/l/15 R 3/09/2015 1,838.12CR 059440 1,838.12 05900 FULTONS I-000101225968 RINGS R 3/09/2015 27.000R 059441 27.00 16860 GRAINGER I-9675539648 REPLACEMENT PUMPS R 3/09/2015 892.58CR 059442 I-9675773148 REPLACEMENT PUMPS R 3/09/2015 863.000R 059442 1,755.58 22350 HARTWELL ENVIRONMENTAL CORP I-D15-053 CHLORINE EJECTORES R 3/09/2015 6,058.000R 059443 6,058.00 02610 HD SUPPLY POWER SOLUTIONS I-2791685-00 METERBASE R 3/09/2015 667.000R 059444 667.00 19480 HUTHER & ASSOCIATES, INC I-2426 WASTEWATER TESTING R 3/09/2015 690.000R 059445 690.00 01320 J.L. MATTHEWS CO., INC. I-71640 TOOLS R 3/09/2015 111.58CR 059446 111.58 01300 JAGOE-PUBLIC CO., INC. I-14204MB ASPHALT FOR JANUARY R 3/09/2015 666.96CR 059447 666.96 26900 THE LANE CONSTRUCTION CORPORATION I-1592187 ASPHALT FOR WK1 26-30 R 3/09/2015 635.88CR 059448 I-1593275 ASPHALT FOR FEBRUARY R 3/09/2015 1,340.22CR 059448 1,976.10 i 01570 LOWE'S COMPANIES, INC. i I-936919 PICTURE HANGERS R 3/09/2015 4.73CR 059449 4.73 08870 NORTHERN TOOL i I I-32277273 VESTIL CAR STOPS R 3/09/2015 468.90CR 059450 468.90 02970 OFFICE DEPOT I-749527423001 INK/STYLUS R 3/09/2015 55.85CR 059451 ( I-755441135001 SUPPY R 3/09/2015 37.30CR 059451 I-?55441287001 SUPPY R 3/09/2015 104.06CR 059451 {( p I-755595824001 TABLES R 3/09/2015 1,199.95CR 059451 € I-755680099001 HANGING FOLDERS R 3/09/2015 50.67CR 059451 E I-755862084001 SUPPLIES R 3/09/2015 51.02CR 059451 I-756563971001 SUPPLIES R 3/09/2015 234.15CR 059451 I-757359905001 WIRELESS MOUSE R 3/09/2015 56.98CR 059451 ! 1-757617491001 SUPPLIES R 3/09/2015 13.18CR 059451 { I-757672897001 SUPPLIES R 3/09/2015 8.89CR 059451 I-757673235001 SUPPLIES R 3/09/2015 198.07CR 059451 2,010.12 3/09/2015 8:47 A14 A / P CHECK REGISTER PAGE: 3 PACKET: 07274 Regular Payments 3.9.15 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 12710 PETTIT MACHINERY, INC I-P25142 CLUTCH R 3/09/2015 347.59CR 059452 347.59 16240 SCHAD G PULTE I-96282 EMS 02 R 3/09/2015 65.00OR 059453 65.00 02690 TECHLINE, INC. I-1464144-00 RED PAINT R 3/09/2015 284.88CR 059454 284.88 12650 TEXAS COA24ISSION ON FIRE PROTECTION I -BELL DR517 2015 CERTIFICATION R 3/09/2015 100.00OR 059455 100.00 02670 TML - INTERGOVERNMENTAL RISK POOL 1-3/01/2015 13/14FY W/C AUDIT R 3/09/2015 1,654.00OR 059456 1,654.00 27070 NEAL WELCH I-SAMS 3/3/15 BREAKFAST R 3/09/2015 186.46CR 059457 186.46 * * T 0 T A L S * * NO# DISCOUNTS CHECK MIT TOTAL APPLIED REGULAR CHECKS: 29 0.00 68,156.79 68,156.79 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE-91RITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 2 0.00 175,044.16 175,044.16 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 31 0.00 243,200.95 243,200.95 TOT. _RRORS: 0 TOTAL WARNINGS: 0 3/18/2015 12:24 PM A / P CHECK REGISTER PACKET: 07285 Regular Payments 3/16/15 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE 07860 ACT PIPE SUPPLY, INC I-028807 PART FOR STOCK R 3/18/2015 08880 COOPER'S COPIES I-120711 DOOR DECALS FOR CH/PW R 3/18/2015 I-120723 DOOR DECALS FOR CH/PW R 3/18/2015 23620 COTE'S MECHANICAL I-CM20151099 ICE MACHINES MARCH 2O15 R 3/18/2015 00710 DATA BUSINESS FORMS INC. I-101331 ENVELOPES R 3/18/2015 09690 DESIGNS ETC. I-501308 T- SHIRTS R 3/18/2015 17640 DOLLAR GENERAL - CHARGED SALES I-1000392446 OPEN // SUPPLIES R 3/18/2015 28070 EPP, CINDY I-2/12/15 2/19/15 YOGA INSTRUCTIONS R 3/18/2015 18790 FUELMAN I-NP43814035 3/9/15-3/15/15 R 3/18/2015 16860 GRAINGER I-9684222947 FIRST AID KITS FOR TRUCKS R 3/18/2015 15780 ITRON I-366395 MAINT 4/l/15-6/30/15 R 3/18/2015 LUCERO, LATEAH I-LUCERO 3/14/15 COM 3/14/15 R 3/18/2015 04140 MOTOROLA SOLUTIONS I-91787952 REPLACE BATTERY R 3/18/2015 08690 O'REILLY AUTO PARTS C-1959182142 MISC PARTS R 3/18/2015 I-1959173417 MISC PARTS R 3/18/2015 I-1959173419 MISC REPAIR PARTS R 3/18/2015 I-1959173544 MISC PARTS R 3/18/2015 I-1959173605 MISC PARTS R 3/18/2015 I-1959173638 MISC REPAIR PARTS R 3/18/2015 I-1959174516 MISC PARTS R 3/18/2015 I-1959174532 MISC PARTS R 3/18/2015 I-1959174764 MISC PARTS R 3/18/2015 I-1959174779 DIESEL EXHAUSE FLUID R 3/18/2015 I-1959174834 MISC PARTS R 3/18/2015 I-1959174948 MISC PARTS R 3/18/2015 I-1959174949 MISC PARTS R 3/18/2015 I-1959175022 MISC PARTS R 3/18/2015 DISCOUNT CHECK AMOUNT NO# 392.46CR 059551 18.66CR 059552 18.66CR 059552 354.000R 059553 139.96CR 059554 594.50CR 059555 30.95CR 059556 120.000R 059557 1,749.27CR 059558 414.90CR 059559 767.57CR 059560 100.000R 059561 72.25CR 059562 105.59 059563 71.06CR 059563 111.50CR 059563 14.94CR 059563 49.76CR 059563 14.94CR 059563 14.26CR 059563 31.29CR 059563 19.04CR 059563 41.97CR 059563 11.99CR 059563 33.41CR 059563 4.74CR 059563 14.94CR 059563 PAGE: 1 CHECK AMOUNT 392.46 37.32 354.00 139.96 594.50 30.95 120.00 1,749.27 414.90 767.57 100.00 72.25 3/18/2015 12:24 PM A / P CHECK REGISTER PAGE: 2 PACKET: 07285 Regular Payments 3/16/15 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT I-1959175034 MISC PARTS R 3/18/2015 5.78CR 059563 I-1959175036 MISC PARTS R 3/18/2015 5.59CR 059563 I-1959175632 MISC PARTS R 3/18/2015 12.98CR 059563 I-1959175775 MISC PARTS R 3/18/2015 21.73CR 059563 I-1959175813 MISC PARTS R 3/18/2015 222.99CR 059563 I-19591?5814 MISC PARTS R 3/18/2015 20.76CR 059563 I-1959115833 MISC PARTS R 3/18/2015 45.86CR 059563 I-1959175873 MISC PARTS R 3/18/2015 4.79CR 059563 I-1959175998 MISC PARTS R 3/18/2015 3.49CR 059563 I-1959176265 MISC PARTS R 3/18/2015 178.57CR 059563 I-1959177288 MISC REPAIR PARTS R 3/18/2015 23.98CR 059563 I-1959178455 TRICKLE CHARGER BATTERY R 3/18/2015 419.90CR 059563 I-1959178628 MISC PARTS R 3/18/2015 73.28CR 059563 I-1959178701 MISC AUTO REPAIR PARTS R 3/18/2015 87.78CR 059563 I-1959178819 MISC REPAIR PARTS R 3/18/2015 70.40CR 059563 I-1959179972 MISC PARTS R 3/18/2015 152.000R 059563 I-1959179973 MISC REPAIR PARTS R 3/18/2015 21.51CR 059563 I-1959181718 MISC AUTO REPAIR PARTS R 3/18/2015 80.09CR 059563 I-1959181897 MISC PARTS R 3/18/2015 53.93CR 059563 I-1959181925 MISC REPAIR PARTS R 3/18/2015 77.73CR 059563 I-1959181976 MISC PARTS R 3/18/2015 200.54CR 059563 I-1959183081 MISC AUTO REPAIR PARTS R 3/18/2015 15.48CR 059563 I-1959183209 MISC REPAIR PARTS R 3/18/2015 234.68CR 059563 I-1959183238 MISC REPAIR PARTS R 3/18/2015 43.99CR 059563 I-1959183259 MISC REPAIR PARTS R 3/18/2015 19.99CR 059563 I-1959183277 MISC PARTS R 3/18/2015 14.94CR 059563 I-1959183577 MISC PARTS R 3/18/2015 12.30CR 059563 I-1959184267 MISC PARTS R 3/18/2015 3.59CR 059563 I-1959184343 MISC R 3/18/2015 31.35CR 059563 I-1959184760 MISC AUTO REPAIR PARTS R 3/18/2015 57.39CR 059563 I-195977663 MISC PARTS R 3/18/2015 63.71CR 059563 2,609.35 *VOID* VOID CHECK V 3/18/2015 059564 **VOID** *VOID* VOID CHECK V 3/18/2015 059565 **VOID** *VOID* VOID CHECK V 3/18/2015 059566 **VOID** 12710 PETTIT MACHINERY, INC i i I-P26150 SUPPLIES R 3/18/2015 35.68CR 059567 35.68 26560 PRECISION DELTA CORPORTATION I-3030 MiMO R 3/18/2015 2,906.40CR 059568 2,906.40 3/18/2015 12:24 P14 A / P CHECK REGISTER PACKET: 07285 Regular Payments 3/16/15 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT VENDOR NAME / I.D. DESC 18380 R & T MECHANICAL I-31257 EMERGENCY SERVICES 28120 RECORDED BOOKS I-75086674 AUDIOBOOKS I-75087703 AUDIOBOOKS I-75090612 AUDIOBOOKS I-75092655 AUDIOBOOKS I-75093253 AUDIOBOOKS I-75096199 AUDIOBOOKS 02170 REINERT PAPER & CHEMICAL, INC. I-326770 SUPPLIES 27450 RICOH USA I-26625816 APRIL SERVICE 26300 UNUM LIFE INSURANCE COMPANY OF AMERICA I-4/l/2015-4/30/2015 LTD 4/l/15-4/30/2015 ** T 0 T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL ERRORS: 0 TOTAL WARNINGS: 0 CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO# R 3/18/2015 135.000R 059569 R 3/18/2015 210.64CR 059570 R 3/18/2015 27.000R 059570 R 3/18/2015 45.000R 059570 R 3/18/2015 32.000R 059570 R 3/18/2015 27.000R 059570 R 3/18/2015 35.000R 059570 R 3/18/2015 84.38CR 059571 R 3/18/2015 709.97CR 059572 R 3/18/2015 731.49CR 059573 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 20 0.00 12,362.09 12,362.09 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 3 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 23 0.00 12,362.09 12,362.09 PAGE: 3 CHECK AMOUNT 135.00 376.64 84.38 709.97 731.49 CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Lj Yes Ll Not Applicable Council Meeting Date: Submitted By: March 23, 2015 Joseph D. Iliff, AICP City Manager Reviewed/Approval InitialsDate 3-If- jr ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ® OTHER PRESENTATION AGENDA CAPTION Presentation of Certificates of Appreciation by Mayor Thomas Muir to the Sanger Leadership Academy Class of 2015 FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS []OPERATING EXPENSE ❑REVENUE ❑CIP ❑BUDGETED —]NON BACKGROUND/SUMMARY OF ITEM In December 2014, the City of Sanger created a new outreach program to educate citizens about how their local government works and how they can participate in it. The Sanger Leadership Academy was a six week long program held in January and February 2015. There were presentations from each city department describing how they operate and function. Each class was about 60 to 90 minutes in length. Also part of the program is a field trip to various City facilities, but that has been postponed because of the inclement weather. A particular point of emphasis during the program was how citizen leaders are critical to the operation of local government, from serving on City Council, or volunteering to serve on a board or commission, or simply being an informed voter. The City of Sanger would like to thank the citizens who went through this class, volunteering their time to learn more about their local government. Their attendance and participation made the program a success. The first class of the Sanger Leadership Academy is: David Clark Dorcyle McClure Dennis Dillon Jackie Pevehouse Kandyce Lafleur Chris Prock Don McClure Meghann Rosales-Piercy STAFF OPTIONS & RECOMMENDATION N/A List of Supporting Documents/Exhibits Attached: • None Prior Action/Review by Council, Boards, Commissions or Other Agencies: None CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive [:]Public Hearing Reviewedby Legal ❑ Yes ❑ Not Applicable Council Meeting Date: Submitted By: March 23, 2015 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials Date 3 ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider, Discuss, and Possibly Approve a Development Agreement to Defer the Construction of Public Improvements for the Final Plat of Sanger Circle Phases IA & 113 FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS []OPERATING EXPENSE ❑REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject property is part of the Sanger Circle development, located west of Marion Road and north of FM 455. The Final Plat for Sanger Circle Phase 1A was approved in June 2014. That plat dedicated rights - of -way for a section of Sanger Circle Drive and a section of Wagon Wheel Drive. Those two street sections had been constructed, but the improvements were not accepted. With that plat, the developer (Sanger Land Development LLQ and the City agreed to defer the construction work to bring these improvements up to an acceptable standard until the extensions of those roads were constructed in Phase 113. The developer has submitted the Final Plat for Sanger Circle Phase 113. This development agreement would defer the developer's responsibility to construct acceptable public improvements in both Phase IA and Phase 1B until before any building permits are issued for the lots. The public improvements would need to be constructed, inspected, and accepted by the City of Sanger prior to certificates of occupancy being issued for the lots within the subject property. STAFF OPTIONS & RECOMMENDATION Staff recommends the Council approve the proposed development agreement, and authorize the Mayor to execute it on the City's behalf. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other a Proposed Development Agreement Agencies: None STATE OF TEXAS CITY OF SANGER DENTON COUNTY DEVELOPMENT AGREEMENT FOR SUBDIVISION PUBLIC IMPROVEMENTS WHEREAS, the Developer (Sanger Land Development LLC) owns a parcel of real property (the "Property") in Denton County, Texas, which is more particularly and separately described as Sanger Circle Phase IA (Final Plat) and Sanger Circle Phase 113; and WHEREAS, the Subdivision Ordinance requires the Developer to construct public improvements including but not limited to streets, water lines, and sanitary sewer lines within the rights -of -way dedicated to the City by a Final Plat; and WHEREAS the Developer has requested to defer the construction and acceptance of the required public improvements; and WHEREAS, the City of Sanger (City) has found that deferring the construction and acceptance of the public improvements and allowing the Final Plat to be filed for record with Denton County is in the best interests of the public, and WHEREAS, the Development Agreement is to be recorded in the Real Property Records of Denton County. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Section 1 Parties The parties to this Agreement are the Developer and the City of Sanger. Section 2 Effective Date This Agreement is effective on the date the Developer signs it (Effective Date) Section 3 Construction of Improvements. The Developer agrees to construct and install, at the Developer's expense, all of the Public Improvements in compliance with applicable City ordinances, standards, and regulations, and in accordance with the construction plans and specifications approved by the City. Section 4 Security for Completion of Improvements. The Developer agrees to construct, repair, and otherwise provide the required public improvements within the rights -of -way dedicated by the Final Plat concurrent with the construction of the required public improvements in the rights -of -way of the adjacent property Development Agreement Sanger Circle Phase I to the west, the extension of Sanger Circle Drive and the proposed Final Plat for Phase 113. The Developer further agrees that the Final Plat for Phase 1 B shall not be filed for record with Denton County until the improvements for both Phase lA and Phase 113 shall have been constructed and inspected by the City of Sanger. In the event that Phase 113 or the adjacent property is not constructed, inspected, and deemed acceptable by the City within two (2) years of this agreement, the Developer agrees to make the required constructions, repairs, or other improvements to meet the standards of the Subdivision Ordinance within one (1) year. Section 5 Recording of Plat Upon completion of all of the following, the City agrees to record the Final Plat in the official public records of Denton County: • Approval of this Agreement by the City Council. • Approval of the Final Plat by the City Council. • Provision of signed and sealed originals of the Final Plat as required by the City and Denton County. Section 6 Right of Entry The Developer grants to the City and its successors, assigns, agents, contractors, and employees, a nonexclusive right and easement to enter the Property to inspect the construction of the Public Improvements, and to construct, inspect, maintain, and repair any public improvements made on the Property by the City. Section 6 Remedies The remedies available to the City in the event of noncompliance by the Developer with this Agreement are cumulative in nature. These remedies include, but are not limited to, the following: Issuance of building permits for properties within Phase I Issuance of certificates of occupancy for properties within Phase 113. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 7 Indemnification The Developer covenants to indemnify, save, and hold harmless the City and its their respective officers, employees, and agents from, and against, all claims, demands, actions, damages, losses, costs, liabilities, expenses and judgments recovered from or asserted on account of injury or damage to persons or property loss or damage arising in connection with construction performed by or on behalf of the Developer on the Property. Page 2 of 4 Development Agreement Sanger Circle Phase I Section 8 Miscellaneous The Developer may assign its rights and obligations under this Agreement to a purchaser of all or part of the Property, if the Developer delivers written notice of the assignment to the City accompanied by an assignment agreement under which the assignee accepts all of the Developer's obligations under this Agreement and submits new Security for the Public Improvements in a form acceptable to the City Attorney. Any other assignment by a Party of rights or obligations under this Agreement will require the written approval of the other Party. This Agreement, including appendices and referenced attachments, constitutes the entire agreement between the City and the Developer on this subject and supersedes all other proposals, presentations, representations, and communications, whether oral or written, between the parties. This Agreement may be amended only by a written document that is duly approved and executed by all parties. In the event any section, subsection, paragraph, sentence, phrase or word is held invalid for any reason, the balance of this Agreement will remain in effect and will be read as if the parties intended at all times not to include the invalid section, subsection, paragraph, sentence, phrase or word. This agreement shall be governed by the laws of the State of Texas. Exclusive venue for any legal dispute arising under this agreement shall be in Denton County, Texas. The City's execution of and performance under this Agreement will not act as a waiver of any immunity of the City to suit or liability under applicable law. The parties acknowledge that the City, in executing and performing this Agreement, is a governmental entity acting in a governmental capacity. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Notices required by this Agreement will be provided by the parties to one another by certified mail, return receipt requested, or by confirmed facsimile transmission, to the following addresses: To the City: To the Developer: City Manager Sanger Land Development LLC City of Sanger 108 E. Houston Street PO Box 1729 Sherman, Texas 75090 Sanger, Texas 76266 Fax: 940-458-4180 If a party changes its address or facsimile number for notice purposes, it will provide written notice of the new address to the other party within 10 days of the change. In the event that the performance by either party of any of its obligations under this contract is interrupted or delayed by events outside of their control such as acts of God, war, riot, or civil commotion, then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of the events. Page 3 of 4 Development Agreement Sanger Circle Phase I This Agreement constitutes a covenant running with the title to the Property, and the provisions of this Agreement are binding on the Developer and on all successors and assigns of the Developer. Approved this day of , 2015 For Sanger Land Development LLC: Owner Signature: Printed Name: THE STATE OF TEXAS} DENTON COUNTY} This Instrument was acknowledged before me on the day of , 2015, by . Owner. Notary Public, State of Texas For the City of Sanger Thomas Muir, Mayor THE STATE OF TEXAS } DENTON COUNTY} This Instrument was acknowledged before me on the Thomas Muir, Mayor Notary Public, State of Texas day of , 2015, by Page 4 of 4 CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable Council Meeting Date: Submitted By: March 23, 2015 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider, Discuss, and Possibly Take Action on the Final Plat of Sanger Circle Phase 113, 5.11 Acres of Land Located South and West of the Intersection of Sanger Circle Drive and Wagon Wheel Drive. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CIP []BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject property is approximately 5 acres located on the south of Sanger Circle Drive and west of Wagon Wheel Drive. The portion of the subject property located north of Sanger Circle Drive and west of Wagon Wheel Drive is zoned SF-10 Single Family Residential, as is the adjacent area. The portion located south of Sanger Circle Drive is zoned 2F Two Family Residential. The applicant has submitted a plat to subdivide the property into twenty-two (22) lots. The four (4) lots north and west of Sanger Circle Drive and Wagon Wheel Drive would be for the construction of single- family dwellings. The eighteen (18) lots located south of Sanger Circle Drive would be for the construction of duplexes (two-family buildings). The final plat would also dedicate right-of-way for the extension of Sanger Circle Drive, Wagon Wheel Drive, and a street south of Sanger Circle Drive. The applicant will be responsible for the construction of the improvements to the dedicated road sections. With the approval of Phase 1A, the developer and the City entered into a development agreement that the public improvements required for Phase I would be repaired or reconstructed along with the improvements for Phase 1B. This is to address deficiencies with the improvements that were previously constructed in Phase IA, but not accepted by the city. STAFF OPTIONS & RECOMMENDATION Staff has found one correction that needs to be made to the plat. The lots located east of Wagon Wheel Drive and north of Grand Drive are labeled Lots 1-3, Block 8. They should be labeled Lots 4-6, Block 8. With the condition that the applicant make this revision to the applicant, Staff finds the plat to be in conformance with the requirements of the Subdivision Ordinance, and recommends its approval. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Final Plat Agencies: The Planning & Zoning Commission did not assemble a quorum at the March 9th meeting, and took no action on this item. Because of the requirement to act on a plat within 30 days, Staff is bringing the item to Council for approval. UN W-m m { N oaF °,,.... °ag9 e9 �gamuh H m , HipMH a �� Pip ^ Sze€� ye 3° xDy N0f•O6V3•E f20,Ory ie:. � NOt'26'19'E 16001' 8 9€ mm gi H � R» � am ^� Ir �U I �s„ g � g a �28az P n fm �._----� �::° L_ _� �o � s r+a•,s,s•E,2s2s s�o�$ re '�� ° N01'24'dYE 1t0.16' u � M`a° t x,. am AA S< $'G g Lg °a9 9 H m� fix =s € I ¢� � � $ r � l e � �L � � a am I aeo,. , i i "•s� CIF I m Z ie r ,m x° $ x" ag mEmias=,� 1 ar tea——atea olar:j — — iSOf•24'4Y,v1eear 3H --I —El �AV n4$ �i tea° o —4 t•.>tEEs Dw —. R bt m 1 as 9 eggs,_ Wo i : � 3 a; 0 o mi�k7 E o ,� j s> FHB5 n Io" 'pmo om m as gag x s -2 $ $ £ � a= t a ga` a a a a _ a_ _ _ _ _ ?e 35 HN O 3 D mCn r r 2 os mAy nNRo or o N aN. z99 omP �i,ow uD H s r m wcav e m o In o o a o= =ogo z e _ s e .D x R .a g sa E e e se - € e E. o xo 3 = e a x i - "sg gg i�—� s 1 K 0• March 16, 2015 Mr. Neal Welch Public Works Director City of Sanger 201 Bolivar Street Sanger, Texas 76266 RE: City of Sanger Water and Wastewater Relocations — Kirkland, Smith, Sims, and Jones Streets EIKON Job No. 14263 Dear Mr. Welch: On March 11, 2015, at 2:00 P.M., sealed bids for the above referenced project were received, opened and read aloud at the Sanger Department of Public Works located at 201 Bolivar Street in Sanger, Texas. The project, in general, consists of construction of approximately 3200 LF of new 6 inch water line and water services, approximately 1400 LF of 8 inch wastewater line and wastewater services, and minor associated roadway patching, as shown on the Drawings. A total of five (5) firms submitted sealed bids. The bidder's names, their respective base bids plus alternate bids, and their proposed days for completion are tabulated below. The canvass of bids displaying the itemized proposals as submitted by each bidder is presented at the end of this report. An apparent low base bid plus alternate of $277,786.95 was submitted by Gary Dill Backhoe Service. A summary of all bids received is presented as follows: Order of Bid Bidder Total Base Bid + Proposed Days Alternate 1 Gary Dill Backhoe Service $277,786.95' ` v 2 Patterson Professional Services $287,000.00 90 3 Prose Backhoe & Utilities $291,927.00 90 4 Wildstone Construction, LLC $416,350.00 30 5 Mabak Directional Drilling $686,132.79 100 As illustrated in the table above, the base bids ranged from a low of $277,786.95 to a high of $686,162.79. The overall range of bid results indicates a spread of approximately $408,375.84. This project was bid as a best value method, which places a percentage on criteria other than price. The criteria given in the project manual and the percentages assigned to each are as follows: Proposed Construction Contract Amount, 50%; Contractor's Experience, Qualifications, & Financial Resources, 15%; Contractor's Current Work Schedule/Record, 5%; Quality of Proposed Personnel, 10%; Contractor References, 10%; and Subcontractor Experience and Qualifications, 10%. The evaluations were provided by City staff and EIKON and tabulated by EIKON according to the above criteria and the results are shown below. Only the four lowest bids were ranked. .............................................. EIKON Consultant Group 1405 W. Chapman, Sanger, Texas 76266 P 940-458-7503 F 940-458-7417'Al eikoncg.coni Texas Engineer Firm Registration #12759 Order of, Bid Bidder Evaluation Score 1 Gary Dill Backhoe Service 94.42% 2 Patterson -Professional Services 90.23% 3 Prose Backhoe & Utilities, LLC 85.58% 4 Wildstone Construction, LLC 69.62% The City has previously worked with Gary Dill Backhoe Service and indicated that they would be inclined to hire this firm for another project. EIKON is also familiar with Gary Dill Backhoe Service and is confident they have the ability to perform the work on time with quality. Therefore, based upon our review of the bid documents, it is our recommendation that the City of Sanger award the Sanger Water and Wastewater Relocations. project to Gary Dill Backhoe Service in the total bid amount of $277,786.95, pending review and acceptance of the bids by the City, negotiation of calendar days, approval by the City Council, and certification of the availability of funds. Should you have any additional questions and/or comments concerning this project, please do not hesitate to contact our office. Sincerely, EIKON Michael Duval, PE, LEED A.P. Senior Civil Engineer Page (2 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between City of Sanger Public Works 201 Bolivar Street Sanger Texas 76266 F- �— Henceforth referred to as the Owner and Henceforth referred to as the Contractor. Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: ARTICLE 1 - WORK 1.1 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Install approximately 3200 LF of new 6-inch C900 water pipe, approximately 1400 LF of new 8-inch SDR-35 wastewater pipe, 6-inch gate valves, fire hydrants with fire hydrant Ieads, one relocated fire Hydrant with new fire hydrant lead, water service lines (both under pavement and not under pavement), wastewater service lines (both under pavement and not under pavement), 4 foot diameter wastewater manholes with lids, cleanouts, asphalt pavement patching and final cleanup. ARTICLE 2 - THE PROJECT 2.1 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: This project includes but is not limited to approximately 3200 LF of new 6-inch C900 water pipe, approximately I 1400 LF of new 8-inch SDR-35 wastewater pipe, 6-inch gate valves, fire hydrants with fire hydrant leads, one relocated fire hydrant with new fire hydrant lead, water service lines (both under pavement and not under pavement), wastewater service lines (both under pavement and not under pavement), 4 foot diameter wastewater manholes with lids, cleanouts, asphalt pavement patching and final cleanup. ARTICLE 3 - ENGINEER 3.1 The Project has been designed by EIKON Consultant Group, LLC 1405 West Chapman Drive Sanger, Texas 76266 ph 940.458.7503 fax 940.458.7417 who is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TEOES 4.1 Time is of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. B. Contractor is responsible for expediting Work, identifying potential conflicts and coordination problems, and proposing measures to avoid such problems Water and Wastewater Relocations Kirldand, Smith, Sims, and Jones Streets Form of Agreement -1 4.2 Dates for Substantial Completion and Final Payment 9� A. The Work will be substantially completed within-W calendar days from Notice to Proceed, after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.07 ofthe General Conditions within 14 days after the date when the Contract Times commence to run. 4.3 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual Ioss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $1,000 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. The Owner has the option of enforcing the Liquated Damages clause. ARTICLE 5 - CONTRACT PRICE 5.1 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.1.A and 5.13 below: A. For all Work other than Unit Price Work, a Lump Sum of: All specific cash allowances are included in the above price and have been computed in accordance with paragraph 11.02 of the General Conditions. B. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. ARTICLE 6 - PAY1v1ENT PROCEDURES 6.1 Submittal and Processing of Payments A. Contractor shall submit an Application for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. B. The Contractor shall submit his Application for Payment, amounting to 95% of the cost of the work performed and 95% of the materials on hand in accordance with the General Conditions, as of the last day of each month. C. The Contractor shall pay each Sub -contractor no later than seven (7) days after receipt of payment from the Owner, the amount to which the Sub -contractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Sub -contractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub —subcontractors in similar manner. D. The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and,material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Engineer shall have an obligation to pay, or to see to the payment of money, to a Subcontractor except as may otherwise be required by law. E. Contractor's payment to material suppliers and equipment suppliers shall be treated in a manner similar to that provided in Subparagraphs 6.0l.0 and 6.01.D. Water and Wastewater Relocations Kirldand, Smith, Sims, and Jones Streets Form of Agreement- 2 6.2 Taxes A. Although Owner is a tax-exempt unit of local government, the Contractor shall pay all sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which may not be within Owner's exemption that are legally enacted when Contractor's bids were received or negotiations between Owner and Contractor were concluded, whether or not yet effective or merely scheduled to go into effect. B. Contractor requires all Subcontractors, Sub-gubcontractors and suppliers to bill Contractor for all sales and use taxes on all materials and equipment incorporated into Project as a clearly discernible separate item to facilitate Contractor's keeping tax as a separate item of expense on records. Furnish this information to Owner to enable Owner to meet state reporting requirements. 6.3 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 1st day of each month during performance of the Work as provided in Paragraphs 6.3.A.1 and 6.3.A.2 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: I . Upon Substantial Completion, Owner shall pay Contractor to 95 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions based on the tentative list of items to be completed'or corrected attached to the certificate of Substantial Completion. 2. The remaining 5% retainage due and payable to the Contractor within thirty (30) days after acceptance of the Work by the Owner. 6.4 Final Payment A. Upon final. completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. B. Prior to Final Payment, the Contractor shall submit release of lien for all materials and sub -contractors. ARTICLE 7 - INTEREST 7.1 All monies not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 0 percent per annum. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.1 In order to induce Owner to enter into this Agreement Contractor makes the following representations: A.. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Water and Wastewater Relocations I{irldand, Smith, Sims, and Jones Streets Form of Agreement - 3 Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto: F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents, H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 8.2 The Contractor shall provide a suitable superintendent: A. ' The Contractor shall employ a competent superintendent with a minimum of five years of similar construction experience and necessary assistants who shall be in attendance at the Project site during performance of the Work. The Superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. B. The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner and Engineer the name and qualifications of a proposed superintendent. The Owner or Engineer may reply within fourteen (14) days to the Contractor in writing stating: (1) whether the Owner or Engineer has reasonable objection to the proposed superintendent, or (2) that the Owner or Engineer requires additional time to review. Failure of the Owner or Engineer to reply within the fourteen (14) day period shall constitute notice of no reasonable objection. C. The Contractor shall not employ a proposed superintendent to whom the Owner or Engineer has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. ARTICLE 9 — SUBCONTRACTORS 9.1 DEFINITIONS A. A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. B. A Sub —subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub—subcontractor"'is referred to throughout the Contract Documents as if singular in number and means a Sub —subcontractor or an authorized representative of the Sub —subcontractor. C. Engineer and Engineer's consultants may, but are not required to, communicate directly with any Subcontractor, Sub - subcontractor, or materials supplier when it is necessary to obtain information necessary for the Engineer or Engineer's consultants to complete its services on the Project. The Engineer shall endeavor to keep Contractor informed of conversations. Requests for information, interpretation or clarification, and correspondence must all be in writing and must be routed through Contractor. Water and Wastewater Relocations Kirldand, Smith, Sims, and Jones Streets .Form of Agreement - 4 9.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK r A. Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, within fourteen (14) e days after award of the Contract, shall furnish in writing to the Owner through the Engineer the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work. The Engineer will promptly reply to the Contractor in writing stating whether or not the Owner or the Engineer, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Engineer to reply promptly shall constitute notice of no reasonable objection. B. The Contractor shall not contract with a proposed person or entity to which the Owner or Engineer has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. C. If the Owner or Engineer has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Engineer has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. D. The Contractor shall not change a Subcontractor, person or entity previously selected, if the Owner or Engineer makes reasonable objection to such change. Acceptance of the substitute Subcontractor after previous acceptance of a Subcontractor for any portion of the work shall not constitute reason for an increase in the Contract amount. 9.3 SUBCONTRACTUAL RELATIONS. A. By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and Engineer. Each subcontractor agreement shall preserve and protect the rights of the Owner and Engineer under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub —subcontractors. B. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub —subcontractors. 9.4 Contractor is fully responsible for acts and omissions of Subcontractors, and persons either, directly or indirectly, employed by them or under their control, as Contractor is for their own employees. 9.5 Nothing in Contract Documents creates any contractual relationship between any Subcontractor or Sub -subcontractor, or other tiers, and Owner or Engineer, except for provisions in paragraph 5.4. 9.6 CONTINGENT ASSIGNMENT OF SUBCONTRACTS A. Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: 1. Assignment is effective only after termination of the Contract by the Owner for cause pursuant to the General Conditions and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing, and 2. Assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. B. Upon such Assignment, if the Work has been suspended for more than thirty (30) days, the Subcontractor's compensation shall be equitably adjusted. 9.7 Contractor will provide copies of its subcontracts, agreements and current information on status of its accounts, upon demand by Owner. Water and Wastewater Relocations Kirldand, Smith, Sims, and Jones Streets Form of Agreement- 5 ARTICLE 10 —CONTRACT DOCUMENTS 10.1 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 7, inclusive). 2. General Conditions (pages 1 to 40, inclusive). 3. Construction Drawings (as listed in the Table of Contents of the Project Manual) 4. Specifications (as listed in the Table of Contents of the Project Manual) 5. Exhibits to this Agreement (enumerated as follows): a. Contractor's Proposal (pages 1 to 2, inclusive). b. Addendum 4W (Page I of 1) 6. The following which maybe delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed b. Work Change Directives. c. Change Order(s). 7. Performance and Payment Bonds B. The documents listed in Paragraph 10.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 10. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE I I - MISCELLANEOUS 11.1 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 11.2 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 11.3 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. Water and Wastewater Relocations Kirkland, Smith, Sims, and Jones Streets Form of Agreement- 6 11.4 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 11.5 Other Provisions t }— IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on (which is the Effective Date of the Agreement). By: Title: [CORPORATE SEAL] lines Title: Address for giving notices: i (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Owner -Contractor Agreement.) i I I i CONTRACTOR: By. ` Title: [CORPORATE SEAL] Attest: Title: Address for giving notices: License No.. Agent for service or process: (Where applicable) (If Contractor is a corporation or a partnership, attach evidence of authority to sign.) Water and Wastewater Relocations Kirldand, Smith, Sims, and Jones Streets Form of Agreement - 7 ITEMS GR9Q TEXAS March 10, 2015 To: City Council From: Joseph Iliff, Director of Development Services Re: Citywide Garage Sale Event In partnership with the Sanger Downtown Association, the City of Sanger held the first Citywide Garage Sale event on Saturday, March 7, 2015. On February 2" d, the City Council adopted Ordinance 02-05-15 modifying the regulations for garage sales (Section 4.900 Occasional Sales Regulated). The amendment waived the normal $10 fee for a garage sale permit for sales conducted on the designated day. Also, participation in the event did not count as the one (1) sale that each residence is permitted to conduct in a month. This event also works with the Annual Trash -Off (March 14t") to give households free ways to do some spring cleaning. Items can be sold at a garage sale or disposed of at the Trash -Off for free. There were 58 households that signed up to participate by the Tuesday, March 3rd deadline. I created a map showing the location of those residences, along with a map of local restaurants. The Sanger Downtown Association distributed these maps to bargain hunters on Friday afternoon (3/6) and Saturday morning. The maps were available at downtown businesses including Findings, Texas Smoke Barbeque, Le Bleu Bonnet, Gypsy Cowgirl, Bebe's House, and Dandy Donuts. There were enough bargain hunters picking them up that some businesses ran out by late morning. Along with the maps, the SDA made discount coupons and special offers from downtown businesses available. I have received feedback from some sellers indicating that they were "very busy" with shoppers, and "busier than they expected". Some bargain hunters requested a better map showing the participants, or a list of their addresses. Some were disappointed that printed maps had all been taken before they could get one. Several people asked for the map to be posted online or e-mailed. One of the desired outcomes is that shoppers come to downtown to see what is available. So malting the maps available through other means negates this effect. As of the time of this report, I am still gather feedback from local businesses. Overall, the response seems to be positive so far, with some suggested improvements. Department of Development Services Building Inspections, Planning, Zoning, Historic Preservation, and Health P.O. Box 1729 — 201 Bolivar St — Sanger, TX 76266 940-458-2059 (office) — 940-485-4072 (fax) — www.sangertexas.org GRgeh T-TEXAS March 10, 2015 To: City Council From: Joseph Iliff, Director of Development Services Re: Sanger Leadership Academy The Sanger Leadership Academy was created in late 2014 as a new way of reaching out to the community. The program was designed to help prepare residents to be citizen leaders. For this new program, the City reached out to person already serving on a board or commission, or who had recently done so, or applied to serve on one. We received 8 responses showing interest. The program was six sessions of classes where each department and function of the city was described. From Finance to Police to Library to Economic Development, a representative of each department presented how they operate, the challenges they face, and the issues their employees work with regularly. The class was also scheduled to visit various city facilities, but this has been postponed pending better weather. As of the time of this report, I am still gathering feedback from the participants about the program. The feedback I have received so far indicates that they were satisfied with the program, both in terms of the depth and breadth of the material covered. Some have indicated they would like even more than the 6 class sessions. All the respondents so far have indicated a greater level of confidence and interest in serving on a city board or commission. And all would recommend the City hold the program again, and would recommend attending it to people they know. I will provide a more complete analysis once all the responses are received. I want to thank City Manager Mike Brice and the City Council for supporting this new outreach program. Also the department heads and representatives who made presentations for the Academy. I especially want to thank the eight citizens who volunteered to participate in this experiment in community outreach. The investment of their time and attention made this program a success. Department of Development Services Building Inspections, Planning, Zoning, Historic Preservation, and Health P.O. Box 1729 — 201 Bolivar St — Sanger, TX 76266 940-458-2059 (office) — 940-485-4072 (fax) — www.sangertexas.org