Loading...
03/07/2022-CC-Agenda Packet-RegularAGENDA CITY COUNCIL REGULAR MEETING MONDAY, MARCH 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.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 February 22, 2022, meeting. (Edwards) B.REQUEST FOR PROPSAL FOR PEST CONTROL Consider a Request for Proposal (RFP) for professional services for pest control in and around City of Sanger Facilities. (Nolting) C.REQUEST FOR PROPOSAL (RFP) FOR BRUSH COLLECTION AND DISPOSAL SERVICE FOR THE CITY OF SANGER Consider a Request for Proposal (RFP) for professional services for Brush Collection and Disposal Services for the City of Sanger. (Nolting) 4.REGULAR AGENDA A.PUBLIC HEARING SANGER LODGING ADDITION ­ REPLAT Conduct a public hearing on a Replat of Block 1 Lot 1R­1 and Lot 1R­2, of the Sanger Lodging Addition, within the City of Sanger, being approximately 2.637 acres and generally located on the east side of I­35 and approximately 769 feet south of the intersection of FM 455 and I­35 frontage road. (Hammonds) B.SANGER LODGING ADDITION ­ REPLAT Consider a Replat of Block 1 Lot 1R­1 and Lot 1R­2, of the Sanger Lodging Addition, within the City of Sanger, being approximately 2.637 acres and generally located on the east side of I­35 and approximately 769 feet south of the intersection of FM 455 and I­35 frontage road. (Hammonds) Page 1 AGENDACITY COUNCIL REGULAR MEETINGMONDAY, MARCH 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.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 February 22, 2022, meeting. (Edwards)B.REQUEST FOR PROPSAL FOR PEST CONTROLConsider a Request for Proposal (RFP) for professional services for pest control in andaround City of Sanger Facilities. (Nolting)C.REQUEST FOR PROPOSAL (RFP) FOR BRUSH COLLECTION AND DISPOSALSERVICE FOR THE CITY OF SANGERConsider a Request for Proposal (RFP) for professional services for Brush Collection andDisposal Services for the City of Sanger. (Nolting)4.REGULAR AGENDAA.PUBLIC HEARING SANGER LODGING ADDITION ­ REPLATConduct a public hearing on a Replat of Block 1 Lot 1R­1 and Lot 1R­2, of the SangerLodging Addition, within the City of Sanger, being approximately 2.637 acres and generallylocated on the east side of I­35 and approximately 769 feet south of the intersection of FM455 and I­35 frontage road. (Hammonds)B.SANGER LODGING ADDITION ­ REPLATConsider a Replat of Block 1 Lot 1R­1 and Lot 1R­2, of the Sanger Lodging Addition, withinthe City of Sanger, being approximately 2.637 acres and generally located on the east side of I­35 and approximately 769 feet south of the intersection of FM 455 and I­35 frontage road. (Hammonds) C.VINSON ACRES ADDITION ­ MINOR PLAT Consider a Minor Plat of Lot 1, Block A of Vinson Acres Addition, being 9.728 acres, in the City of Sanger’s ETJ, and generally located on Sam Bass Rd, 1804 feet south of FM 455. (Hammonds) D.ORDINANCE 02­05­22 ­ WASTE FROM TREE AND SHRUB TRIMMING Consider Ordinance 02­05­22 amending Chapter 6 "Health and Sanitation", Article 6.500, Section 6.513 "Waste from Tree and Shrub Trimming". (Noblitt) 5.INFORMATION ITEMS: A.2021 RACIAL PROFILING REPORT 6.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. 7.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. March 3, 2022, at 3:00 PM 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. Page 2 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. A. AGENDA MEETING DATE: March 7, 2022 TO: John Noblitt, City Manager FROM: Kelly Edwards, City Secretary ITEM/CAPTION: MINUTES REGULAR SESSION Consider the regular session minutes from the February 22, 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 02­22­2022 CC Reg Mins FINAL 2/25/2022 Cover Memo Page 3 Page 1 of 3 MINUTES CITY COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 22, 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, City Attorney Hugh Coleman, Electric Superintendent Mike Prater, Chief of Police Waylan Rhodes, 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 Bilyeu. 2. CITIZEN INPUT: No one addressed the Council. 3. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS None. 4. CONSENT AGENDA: A. MINUTES WORK SESSION Consider the work session minutes from the February 7, 2022, meeting. (Edwards) Page 4 Page 2 of 3 B. MINUTES REGULAR SESSION Consider the regular session minutes from the February 7, 2022, meeting. (Edwards) C. JOINT ELECTION CONTRACT Authorize the Mayor to enter into a Joint Election Contract with Denton County to conduct the May 7, 2022, General Election. (Edwards) D. BOARD APPOINTMENT - UPPER TRINITY REGIONAL WATER DISTRICT Consider Resolution 2022-1 appointing Alina Ciocan as the City's representative to the Upper Trinity Regional Water District Board of Directors to fill an unexpired term ending May 31, 2023. (Ciocan) Motion made by Councilmember Dillon to approve the consent agenda. Councilmember Bilyeu seconded the motion. Motion passed unanimously. 5. REGULAR AGENDA A. PRIMORIS DISTRIBUTION SERVICES CHANGE ORDER NO. 3 - FM 455 PROJECT Approval of Primoris Distribution Services Change Order No. 3 in the amount of $10,139.85. (Prater) Director Prater provided an overview of the item, the reason for the change order due to boring, and the type of pipe used for the project. Discussion ensued regarding the boring location to the northside of the project and CoServ Electric connection locations. Motion made by Councilmember Bilyeu to approve the Primoris Distribution Services Change Order No. 3 in the amount of $10,139.85 and authorize the City Manager to execute said change order. Councilmember Gann seconded the motion. Motion passed unanimously. 6. INFORMATION ITEMS: A. ATMOS RATE FILING - RIDER GCR Atmos Energy Rider GCR Docket No 10170 - February 2022 B. Financial Statement - December 31, 2021 C. Capital Projects Recap - January 27, 2022 D. Disbursements Report - January 2022 Councilmember Gann asked for clarification regarding the disbursement of refunds. Page 5 Page 3 of 3 7. FUTURE AGENDA ITEMS: No future agenda items. City Manager Noblitt mentioned the March 7, 2022, work session discussion regarding Public Improvement Districts (PIDs) and Tax Increment Reinvestment Zones (TIRZ). 8. EXECUTIVE SESSION: A. GOVERNMENT CODE SECTION 551.074 - PERSONNEL MATTERS To deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee: City Attorney Mayor Muir read the items for Executive Session and the Council convened into Executive Session at 7:17 p.m. 9. RECONVENE: OPEN MEETING: Mayor Muir and the Council reconvened into open session at 8:35 p.m. Motion made by Councilmember Bilyeu stating that the City Attorney received a satisfactory review and is eligible for a 4% increase. Councilmember Barrett seconded the motion. Motion passed unanimously. 10. ADJOURN. There being no further business, Mayor Muir adjourned the meeting at 8:37 p.m. _______________________________ Thomas Muir, Mayor ______________________________ Kelly Edwards, City Secretary Page 6 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. B. AGENDA MEETING DATE: March 7, 2022 TO: John Noblitt, City Manager FROM: Ryan Nolting­ Parks & Recreation Superintendent ITEM/CAPTION: REQUEST FOR PROPSAL FOR PEST CONTROL Consider a Request for Proposal (RFP) for professional services for pest control in and around City of Sanger Facilities. (Nolting) AGENDA TYPE: Consent Agenda ACTION REQUESTED:  Approval  BACKGROUND: The City of Sanger would like to enter into an agreement/contract with a Pest Control Company to service Sanger public buildings.  Currently, no agreement/contract is in place.  Facility Maintenance is called out to each facility as needed. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: Legal has reviewed the Request for Proposals. FINANCIAL SUMMARY ­ FUNDING/FISCAL IMPACT: NA FUNDS: NA STAFF RECOMMENDATION/ACTION DESIRED: Staff Recommends Approval. ATTACHMENTS: Description Upload Date Type Page 7 CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. B.AGENDA MEETING DATE: March 7, 2022TO: John Noblitt, City ManagerFROM: Ryan Nolting­ Parks & Recreation SuperintendentITEM/CAPTION:REQUEST FOR PROPSAL FOR PEST CONTROLConsider a Request for Proposal (RFP) for professional services for pest control in and around City of SangerFacilities. (Nolting)AGENDA TYPE: Consent AgendaACTION REQUESTED:  Approval BACKGROUND:The City of Sanger would like to enter into an agreement/contract with a Pest Control Company to service Sangerpublic buildings.  Currently, no agreement/contract is in place.  Facility Maintenance is called out to each facility asneeded.LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:Legal has reviewed the Request for Proposals.FINANCIAL SUMMARY ­ FUNDING/FISCAL IMPACT:NAFUNDS:NASTAFF RECOMMENDATION/ACTION DESIRED:Staff Recommends Approval. ATTACHMENTS: Description Upload Date Type RFP Pest Control 3/3/2022 Cover Memo Page 8 City of Sanger REQUEST FOR PROPOSALS Project Title: Pest Control Services Proposal Closing Date: 4:00pm, Monday, April, 4th, 2022. Page 9 1 TABLE OF CONTENTS Table of Contents Page 1 Request for Proposals 1. Introduction Page 3 2. Definitions Page 3 3. General Information Page 4 4. RFP Withdrawals and/or Amendments Page 4 5. Estimated Quantities Page 4 6. Proposal Submittal Requirements Page 4 7. Proposal Evaluation and Contract Award Page 5 Appendix A – Scope of Services 1. Project Title Page 7 2. Scope of Services Contact Page 7 3. Proposal Evaluation Factors Page 7 4. Key Events Schedule Page 7 5. Scope of Services Page 7 6. Point of Contact Page 8 7. Restriction on Communication Page 8 8. Requirements Contract Page 8 9. Addition or Deletion Page 8 10. Contract Term Page 8 11. Contract Page 9 12. Method of Award Page 9 13. Bid Evaluation Page 9 14. Contractor Selection Page 9 15. Bidders Qualification Requirements Page 9 16. Contractor’s Responsibility for Work Page 10 17. Cancellation Page 10 18. Invoicing Page 10 19. General Requirements Page 11 20. Site Work Page 11 21. Work Orders, Assignments and Inspection of Work Page 12 22. Work Crew Page 12 23. Safety of Work Crew Page 12 24. Identification Page 13 25. Communication Page 13 Appendix B – Sanger Facilities Page 14 Page 10 2 Bidders Questionnaire Page 15 Appendix C – Proposal (-) Label Format for Submittal Packet’s Sealed Envelope Page 16 Required Proposal Information 1. Proposed Product and /or Services Page 17 2. Cost of Proposed Product and /or Services Page 17 3. Term of Contract and Option to Extend Page 17 4. Bidder’s Experience / Staff Page 18 5. References Page 18 6. Trade Secrets and / or Confidential Information Page 19 7. Federal, State and/or Local Identification Information Page 19 8. Emergency Services Contract Notice Page 20 9. Cooperative Governmental Purchasing Notice Page 20 Contract Terms and Conditions 1. Delivery of Products and / or Services Page 21 2. Miscellaneous Page 22 3. Financial Responsibility Provisions Page 22 Conflict of Interest Page 25 Appendix D – No Intent to Submit Form Page 27 Page 11 3 Sanger, Texas Request for Proposals 1. Introduction A. Project Overview: The City of Sanger is requesting Proposals with the intent of awarding a contract for the purchase of goods and services contained in Appendix A – Scope of Services. B. Questions: Following are contacts for questions as identified. 1. RFP Clarifications: All questions related to requirements or processes of this RFP should be submitted in writing to the Parks & Recreation Superintendent. 2. Scope of Service Questions: All questions related to the scope of services should be submitted in writing to the contact person(s) noted in Appendix A – Scope of Services. C. Notification of Errors or Omissions: A Bidder shall promptly notify the City of any omissions, ambiguity, inconsistency or error that they may discover upon examination of this RFP. The City shall not be responsible or liable for any errors and/or misrepresentation that result from the solicitations which are inadvertently incomplete, ambiguous, inconsistent or obviously erroneous. D. Conflict of Interest Questionnaire (Form CIQ): A person or business, and their agents, who seek to contract or enter into an agreement with the City, are required by Texas Local Government Code, Chapter 176, to file a conflict of interest questionnaire (FORM CIQ) which is found in Appendix C. The form must be filed with the City Secretary no later than seven (7) days after the date the person or business begins contract discussions or negotiations with the City, or submits an application, response to a request for proposals or bids, correspondence, or other writing related to any potential agreement with the City. E. Form 1295 Certificate of Interested Parties:. Government Code 2252.908 states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. Please go to the Texas Ethics Commission webpage (www.ethics.state.tx.us) for full instructions and to complete the required steps for creation of Form 1295. Once the form is completed online, printed and signed please return the form with your proposal submission. 2. Definitions Proposal: The signed and executed submittal of the entirety of Appendix B – Proposal. Bidder: The Bidder and the Bidder’s designated contact signing the first page of the Proposal. City of Sanger (“City”): The City of Sanger, Texas. Project: The name of this Request for Proposals as identified on the cover sheet and first page of Appendix A – Scope of Services. Parks & Recreation Superintendent: Page 12 4 Ryan Nolting Phone: (940) 458-2718 E-Mail: rnolting@sangertexas.org Request for Proposals (RFP): The entirety of this document. 3. General Information A. Tax Exempt Status: City purchases are exempt from State Sales Tax and Federal Excise Tax. Do not include tax in the Proposal. City will furnish Excise Tax Exemption Certificate upon request. B. Public Inspection of Proposals: The City strictly adheres to the Texas Public Information Act (Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of RFP information. Proposals are not available for public inspection until after the contract award. If the Bidder has notified the City, in writing, that the Proposal contains trade secrets or confidential information, the City will generally take reasonable steps to prevent disclosure of such information, in accordance with the Public Information Act. This is a statement of general policy only, and in no event shall the City be liable for disclosure of such information by the City in response to a request, regardless of the City’s failure to take any such reaso nable steps, even if the City is negligent in failing to do so. 4. RFP Withdrawals and/or Amendments A. RFP Withdrawal: The City reserves the right to withdraw this RFP for any reason. B. RFP Amendments: The City reserves the right to amend any aspect of this RFP by formal written Addendum prior to the Proposal submittal deadline and will endeavor to notify all potential Bidder that have registered with the City, but failure to notify shall impose no obligation or liability on the City. 5. Estimated Quantities The City does not guarantee to purchase any minimum or maximum quantity but does contemplate purchasing exclusively from the successful vendor during the term of the contract. 6. Proposal Submittal Requirements A. Proposals Received Late: The City is not responsible for late submission regardless of the reason. Late Proposals will not be considered under any circumstances. B. Alterations or Withdrawals of Proposal Document: Any submitted Proposal may be withdrawn or a revised proposal substituted prior to the submittal deadline. Proposal Documents cannot be altered, amended or withdrawn by the Bidder after the submittal deadline, unless such alteration, amendment or withdrawal notice is approved in writing by the Purchasing Manager. C. Proposal Document Format: All Proposal Documents must be prepared in single-space type, on standard 8-1/2” x 11” vertically oriented pages, numbered at the bottom. Any other format (via telephone, fax, email, etc.) may be rejected by the City at its discretion. 7. Proposal Evaluation and Contract Award Page 13 5 A. Proposal Evaluation and Contract Award Process: An award of a contract to provide the goods or services specified herein will be made using competitive sealed proposals, in accordance with Chapter 252 of the Texas Local Government Code and with the City’s purchasing policy. The City will evaluate all proposals to determine which Bidder are reasonably qualified for the award of the contract, applying the anticipated evaluation factors and emphasis to be placed on each factor as identified in the Scope of Services. The City may, at its option, conduct discussions with or accept proposal revisions from any reasonably qualified Bidder. The City reserves the right to determine which proposal will be most advantageous to the City. B. Completeness: If the Proposal is incomplete or otherwise fails to conform to the requirements of the RFP, City alone will determine whether the variance is so significant as to render the Proposal non- responsive, or whether the variance may be cured by the Bidder or waived by the City, such that the Proposal may be considered for award. C. Ambiguity: Any ambiguity in the Proposal as a result of omission, error, lack of clarity or non - compliance by the Bidder with specifications, instructions and all conditions shall be construed in the favor of the City. In the event of a conflict between these standard RFP requirements and details provided in Appendix A – Scope of Services or Appendix B – Proposal, the Appendices shall prevail. D. Unit Prices and Extensions: If unit prices and their extensions do not coincide, the City may accept the price most beneficial to the City, and the Bidder will be bound thereby. E. Additional Information: City may request any other information necessary to determine Bidder’s ability to meet the minimum standards required by this RFP. F. Partial Contract Award: City reserves the right to award one contract for some or all the requirements proposed or award multiple contracts for various portions of the requirements to different Bidders based on the unit prices proposed in response to this request, or to reject an y and all Proposals and re-solicit for Proposals, as deemed to be in the best interest of City. G. Terminate for Cause: The occurrence of any one or more of the following events will justify termination of the contract by the City of Sanger for cause: 1. The successful Bidder fails to perform in accordance with the provisions of these specifications; or 2. The successful Bidder violates any of the provisions of these specifications; or 3. The successful Bidder disregards laws or regulations of any public body having jurisdiction; or 4. The successful Bidder transfers, assigns, or conveys any or all of its obligations or duties under the contract to another without written consent of the City. 5. If one or more of the events identified in Subparagraphs G (1 through 4) occurs, the City of Sanger may, terminate the contract by giving the successful Bidder seven (7) days written notice. In such case, the successful Bidder shall only be entitled to receive payment for goods and services provided before the effective date of termination. The successful Bidder shall not receive any payment on account of loss of anticipated profits or revenue or other economic loss resulting from such termination. 6. When the contract has been so terminated by the City of Sanger, such termination shall not affect any rights or remedies of the City then existing or which may thereafter accrue. Page 14 6 H. Terminate for Convenience: This contract may be cancelled or terminated at any time by giving vendor thirty (30) days written notice. Vendor may be entitled to payment for services actually performed; to the extent said services are satisfactory. Page 15 7 Appendix A – Scope of Services 1. Project Title: Pest Control Service 2. Scope of Services Contact Questions about the technical nature of the Scope of Services, etc. may be directed to Ryan Nolting, Phone: (940) 458-2718, e-mail: rnolting@sangertexas.org. 3. Proposal Evaluation Factors Emphasis Factor 20% Background of the company 20% Ability to provide services *Vendor must demonstrate their ability to provide the requested services at the expected level of service. 30% Cost 10% Work chart including any applicable certifications 20% Top three contracts in terms of price and scope – demonstrating the vendor’s ability to handle the services requested in this RFP. 4. Key Events Schedule Sealed Proposals Due to and Opened by City April 4, 2022 Anticipated Award Date April 18, 2022 5. Scope of Services The service will be for bi-monthly service for all City of Sanger Facilities located in Appendix B. An hourly rate for service calls (other than the bi-monthly service) will commence when the Contractor arrives at the specified location and contacts the appropriate City personnel. Selected vendor work shall be completed between the hours of 7:30am - 5:00pm and an afterhours/weekend/holidays hourly rate (weekends, and designated holidays). All work areas shall be left clean and as close to original condition as possible. The selected vendor will supply all necessary personnel, tools, and equipment to accomplish the job. All costs associated with the service must be include in the hourly rate. The selected vendor must be fully licensed to perform Pest Control service work in the State of Texas. A copy of licenses and certifications shall be furnished upon request. Inability to furnish copies of these licenses and certifications will result in non-payment and termination of contract. All work orders and areas will be assigned by one of the following persons: Ryan Nolting @ 940-458-2718, or designee. Page 16 8 6. Point of Contact The Parks & Recreation Superintendent, identified below, is the sole point of contact regarding the bidding documents from the date of issuance until selection of the successful vendor. The point of contact for inquiries concerning this bid is: Ryan Nolting Parks & Recreation Superintendent City of Sanger 502 Elm Street Sanger, Texas 76266 (940) 458-2718, Fax (940) 458-4180 Rnolting@sangertexas.org 7. Restriction on Communication All communications relating to this sealed bid must be directed to the City’s contact person named above. All other communications between a Vendor and City staff and public officials concerning this bid are prohibited. Failure to comply with this requirement may result in the City disqualifying the Vendor’s bid. 8. Requirements Contract The Parks & Recreation Superintendent or designee has the authority to cancel service cycles at any time. The cancellation will be based upon need, prevailing weather conditions and available funding. It is assumed that the Contractor shall be notified of any cancellation(s) at such time that a Notice To Proceed is issued for any service cycle. Any quantities that are included in the scope of work reflect the current expectations of the City for the period of the contract. The amount is only an estimate and the contractor understands and agrees that the City is under no obligation to the contractor to buy any amount of services as a result of having provided this estimate or of having any typical or measurable requirement in the past. The contractor further understands and agrees that the City may require services in excess of the estimated annual contract amount and that the quantity actually used whether in excess of, or less than, the estimated annual contract amount and that the quantity actually used shall not give rise to any claim for compensation other than the total of the unit prices in the contract for the quantity actually used. 9. Addition or Deletion The City reserves the right to add or remove areas as circumstances warrant. The City of Sanger reserves the right to purchase additional services under the terms of this specification. 10. Contract Term The contract shall be for a term of one year beginning upon City Council approval. The City and contractor may, upon mutual consent, extend the contract for four additional one-year periods after the initial term, upon written request of the contractor presented no later than forty-five (30) days prior to the expiration of the Should funding not be approved by the City Council for any given budget year during the contract term, the contract will become null and void upon the completion of the appropriated funding. 11. Contract Page 17 9 The bid document awarded by Sanger City Council shall constitute the contract. 12. Method of Award The City of Sanger intends to award a contract to the vendor who provides goods or services at the best value for the City of Sanger. The City may choose to award the contract based on the lowest responsible bid or the best value ranking, whichever is deemed to be in the best interest of the City. In determining the best value for the City of Sanger, the City will consider price and relevant experience/references to the extent to which the goods or services conform to the specifications herein. Each vendor is responsible for submitting all relevant, factual, and correct information with their bid. 13. Bid Evaluation The City reserves the right to accept or reject in part or in whole any bid submitted, and to waive any technicalities for the best interest of the City. The City reserves the right to determine "or equal" status. 14. Contractor Selection If awarded, the contract shall be based on the City’s evaluation criteria of price, experience/references and compliance with bid requirements. A responsive bidder shall have submitted a complete sealed bid packet within the stated timeline and in accordance with the bid specifications. A responsible bidder shall demonstrate the ability to successfully deliver the supplies, equipment and/or services being procured. A responsive bidder is defined to be one who submits a completed sealed bid packet within the stated time deadline and in accordance with the bid specifications. A responsible bidder is defined to be one who demonstrates via their responses to the selection criteria his or her ability to successfully deliver the supplies, equipment, or services being procured. 15. Bidders Qualification Requirements Each bidder is responsible for submitting all relevant, factual and correct information with their bid. The below listed criteria will be assessed by the vendors submitted data. 1. Contractor shall have a minimum of five- (5) consecutive years’ experience in Pest Control. 2. Contractor must submit with their bid, a list of equipment to be used for this contract. The list of equipment should include year, model, make, and number of hours on all equipment to be used. Equipment can be subject to inspection by the City representative. Contractor may use attached form. 3. Contractor shall have in his or her employment at the time of the bid the minimum number of employees to successfully execute the bid as specified. 4. Contractor shall be capable of securing the specified insurance in the amount of the contract within fifteen (15) working days after the formal acceptance of the proposal. 5. Contractor shall provide a minimum of 3 current references with the bid. References shall be from clients the contractor has served in a similar capacity within the last 24 months. 16. Contractor’s Responsibility for Work Page 18 10 1. The Contractor shall be responsible for the complete performance of all of the work under the Contract. 2. Contractor shall be responsible for furnishing all tools, equipment, labor, supplies and incidentals required to complete the work 17. Cancellation The Contractor shall strictly comply with the provisions of the contract with an adequate number of quality personnel and equipment to perform the work described in these specifications. Non - performance or non-compliance with the requirements of this specification by the awarded vendor(s) may be the basis for the immediate termination of the contract by the City. The Contractor shall be given forty-eight hours following receipt of notification of default in which to remedy the deficiencies. If the deficiencies are not remedied as a result of the notification, the contract may be terminated. At the discretion of the City, subsequent notification(s) may be issued upon the occurrence of each default(s) and the contractor shall have forty-eight hours following receipt of the second notification to remedy the deficiencies. If deficiencies are not remedied following the subsequent notification(s) period, the Contractor shall be deemed in default of the contract and the contract may be terminated. The City shall not pay for services or supplies that are deemed by the City to be unsatisfactory. Vendors will be given reasonable opportunity, before termination, to correct any deficiencies; however, this in no way may be construed as negating the basis for cancellation. 18. Invoicing Invoicing shall be accomplished on a per-job basis. Invoices MUST reference the City of Sanger issued P.O. Number. Failure to include the P.O. number may delay payment. To expedite payment, invoices will be reviewed by the user department for accuracy then authorization will be forwarded to the Finance Department for payment. Payment terms shall be Net Thirty (30), and payments shall be made on approved invoices in accordance with the Texas Prompt Payment Act. Please provide a detail listing of all work performed and submit invoice at the end of each month. Invoices are to be prepared in duplicate and submitted to: City of Sanger Parks & Recreation Department 502 Elm Street Sanger TX 76266 And an electronic copy to the following addresses: rnolting@sangertexas.org 19. General Requirements Site visit can be arranged upon request to the Parks & Recreation Superintendent. Page 19 11 General Contractor’s Work. The City reserves the right to reject any and all bids. Bids shall also include a completed “Bidders Questionnaire” which is part of the operational plan as well as an equipment list and past work history to determine whether or not a bidder can adequately perform the necessary work. The City has the right to inspect all equipment dedicated for use on this project prior to award of the bid. During inspection the Contractor must have all equipment which will be dedicated to the Contract on hand or have original receipt of purchase or lease to show ownership. All equipment the bidder is committing to this Contract, if awarded, should be included in the listing. Past experience has shown that it is absolutely essential to have back-up equipment to allow for breakdowns. It is the spirit and intent of these specifications and plans to secure for the City the work described, complete in every respect, and the general conditions there for shall be complied with, whether items are specifically mentioned or not. 20. Site Work A. Definitions: Project Area: Shall refer to specific geographic area(s) of the City designated to receive services. Maintenance Schedule: Shall mean the time periods established for the project. Maintenance Cycle: Shall refer to each time period in the maintenance schedule for the project year. A beginning and ending date, in which all prescribed maintenance activities for each area shall be completed, define each time period. Inspector: Shall mean the Parks & Recreation Superintendent or authorized designee, who shall monitor the Contractor's progress. Work Record Summary: Shall mean a written record detailing times and locations of when the contractor and employees were on the job site completing work per contract specifications. Uniforms: Contractor shall provide and require its employees to wear a uniform that bear s the company name, logo, and employee’s name. Uniforms are not to be dirty, stained or torn. Uniforms shall be worn at all times while on the job. Contractor shall provide and ensure the wearing of protective clothing, masks, eye protection, etc., as r equired by laws, regulation, ordinances, and/or manufacturer’s instruction for material and equipment. All employees of contractor must utilize personal protective equipment such as safety vest to insure their visibility to drivers. Subcontracts: Contractor may hire qualified subcontractors to perform functions or work requiring specialized equipment. Contractor must notify the Parks & Recreation Superintendent in writing for any work performed by a subcontractor. 21. Work Orders, Assignments and Inspection of Work: 1. Inspectors Duties: The Parks & Recreation Superintendent or designee may make inspections, re-inspections, monitor Contractor activities, ensure the work performed in the assigned project Page 20 12 area is done to the quality level prescribed in this Contract and in accordance with prescribed time schedules; however, the Parks & Recreation Superintendent or designee has no duty or obligation to make inspections. Upon determination of any violation of the specifications and/or terms of this contract, the Inspector shall record, process, and submit all pertinent information to the Parks & Recreation Superintendent for appropriate action. 2. Contact: The Contractor shall notify the Parks & Recreation Superintendent or designee prior to service. Failure to contact the Parks & Recreation Superintendent, or designee, before the service begins may constitute a breach of Contract. 4. Time to Complete Work: The Contractor will be required to maintain all project areas assigned to him in the time allotted (maintenance cycle) for each project area. Work started within a project area should be completed in consecutive days. 5. Failure to Maintain Maintenance Schedule: Failure on the part of the Contractor to maintain the required production rate for a project area shall be sufficient reason for the Parks & Recreation Superintendent to have the work in question or portions thereof completed by others if the Contractor shall not cure the default within Seventy-two (72) hours of written notice of the default. If others complete work, any additional cost caused by a higher bid price will be deducted from the original contractor's next payment, if any. THIS IS A REQUIREMENTS CONTRACT The Parks & Recreation Superintendent or designee has the authority to cancel at any time. The cancellation will be based upon need, prevailing weather conditions and available funding. It is assumed that the Contractor shall be notified of any cancellation(s) by the Parks & Recreation Superintendent no later than 48 hours prior to job to begin. The Parks & Recreation Superintendent or designee reserves the right to rearrange the cycle and locations within the city at any time. This determination will be made by the City and communicated to the Contractor in writing, via e-mail or fax. 22. Work Crew Each work crew shall have a designated person on the work site with the authority to respond to inquiries about work details or priorities. The Contractor will assign only qualified, trained, competent and reliable personnel to perform the services. The City shall have the right to request the immediate removal from its premises of any employee of the Contractor or of the Contractor’s subcontractors. 23. Safety of Work Crew Contractor and his employees shall dress and remain dressed in a presentable fashion due to high public visibility of these employees. Should problems occur, Contractor will be advised of the circumstances and shall take appropriate action. 24. Identification Page 21 13 All Contractor vehicles under the performance of this Contract that are licensed for travel on public roads shall have the name of the Contractor neatly exhibited on each side of the vehicle. Vehicles shall park in areas that do not create potential hazardous traffic situations. 25. Communication Contractor shall provide communication equipment as necessary to perform the services of this Contract. This may include 2-way radios, pagers, cellular phones, telephone answering devices, fax machine etc. The Contractor or his designate shall respond to communication requests from the Parks & Recreation Superintendent or designee, within four (4) hours during the normal working hours of 7:30 a.m. to 5:30 p.m. **Four-hour turnaround time for information between City and Contractor** Page 22 14 Appendix B - Sanger Facilities City Building Address Pest Treatment 1 City Hall 502 Elm St. Y 2 Public Works 301 Bolivar St. Y 3 Parks & Recreation 201 Bolivar St. Y 4 Municipal Courts 309 Bolivar St. Y 5 Electric Department 202 Railroad Dr. Y 6 Water Department 212 Railroad Dr. Y 7 Wastewater 300 Jones St. Y 8 Parks Shop 102 Bolivar St. Y 9 Police Department 209 N. 5th St. Y 10 Fire Department 200 Elm St. Y 11 Library 501 Bolivar St. Y 12 Historic Church 403 N. 7th St. Y 13 Community Center 101 Freese Dr. Y 14 Senior Center 200 Bolivar St. Y 15 Museum 511 N. 5th St. Y Page 23 15 BIDDERS QUESTIONNAIRE Any and all firms considering this contract, must complete and submit the information requested below. This is a part of the bid and bidders who fail to submit this information will be considered non-responsive. CONTRACTOR NAME_____________________________________________________________________ PHYSICAL ADDRESS OF EQUIPMENT______________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ TELEPHONE_______________________ FAX_______________________________________ EMAIL_____________________________ DATE______________________________________ 24 hour Emergency Contact: Name: ____________________________________________________________ 24 Hour Emergency Telephone: _______________________________________________________________ State the number of years your firm has provided Pest Control Services _____________Years. State the number of employees who will be designated to work on this contract__________________________ 1. What product will your company use is each City of Sanger building? _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ 2. How will the product be installed? _________________________________________________________________________________________ _________________________________________________________________________________________ EQUIPMENT LIST (List all equipment you plan to dedicate to this project(s) _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ Attach a separate sheet if necessary. All equipment and product must be equipped with safe guards as outlined by ANSI and OSHA. Page 24 16 Appendix C – Proposal Submittal Checklist: (To determine validity of proposal) ______Appendix B (pages ___ through ____) must be included in the proposal submittal ______Appendix C Conflict of Interest Form (page ___) must be included in the proposal submittal. ______Form 1295 Certificate of Interested Party must be included in the proposal submittal. All proposals submitted to the City of Sanger shall include this page with the submitted Proposal. Project Title: Pest Control Services Submittal Deadline: 4:00 P.M. (CST), Monday, April, 4th, 2022 Bidder Information: Bidder’s Legal Name: Address: City, State & Zip Federal Employers Identification Number # Phone Number: Fax Number: E-Mail Address: Bidder Authorization I, the undersigned, have the authority to execute this Proposal in its entirety as submitted and enter into a contract on beh alf of the Bidder. Printed Name and Position of Authorized Representative: ________________________________________ Signature of Authorized Representative: ____________________________________________ Signed this __________(day) of _________________________(month ), ________(year) Page 25 17 REQUIRED PROPOSAL INFORMATION IN ORDER FOR A PROPOSAL TO BE CONSIDERED COMPLETE, AND TO BE EVALUATED FOR A CONTRACT AWARD BY THE CITY, BIDDER MUST SUBMIT ALL OF THE FOLLOWING INFORMATION: 1. Proposed Products and/or Services A. Product or Service Description: Bidders should utilize this section to describe the technical aspects, capabilities, features and options of the product and/or service proposed in accordance with the required Scope of Services as identified in Appendix A. Promotional literature, brochures, or other technical information may be used. B. Additional Hardware Descriptions: Bidders should also include in this section a detailed description of what additional hardware and/or software, if any, would be required by the City in order to fully utilize the goods and/or services proposed. C. Guarantees and Warranties: Each Bidder shall submit a complete copy of any warranties or guarantees provided by the manufacturer or Bidder with the Proposal submitted. D. Project Schedule/Delivery Date: Bidder must provide a project schedule noting all projected completion dates for segments of the Project, from start-up to completion. 2. Cost of Proposed Products and/or Services Pricing shall reflect the full Scope of Services defined herein, inclusive of all associated cost for delivery, labor, insurance, taxes, overhead, and profit. 3. Term of Contract and Option to Extend Any contract resulting from this RFP shall be effective for twelve months from date of award. The City anticipates that Contract shall be renewed pursuant to the availability of funds and at the discretion of the City. The following clauses shall be included in the contract: A. Option Clause: It is agreed that City will have the option to extend the contract for up to four (4) additional years, in one-year intervals. To exercise this option, the City shall serve notice 30 days prior to contract termination or to the end of any one-year extension. The Option to Extend will not be considered if funding is unavailable or if the contractor’s past performance is not within the industry standard. B. Escalation Clause: Should market conditions prevail which dictate an increase, the successful contractor may submit documentation requesting permission to increase pricing no later than 30 days after receiving notice from the City of its intent to extend the agreement. Escalation may only occur at the time of renewal and only upon securing the approval of the City in writing. Requests for price adjustments must be solely for the purpose of accommodating an increase in the contractor’s cost, not profits. Vendors shall show in this quote their anticipated percent of escalation if/when the option to extend is exercised. The percent quoted will be a maximum. In addition, the percentage proposed will be a factor in determining the best value to the City. It is the average price over the period of the contract that will be the price factor considered in the evaluation of this quote. Quotes in which negative or no escalation is shown will be considered as 0% escalation. Page 26 18 C. Price Increases Upon Extension: If approved by the City, the Contractor shall modify the rates charged by the Contractor to reflect any changes shown in the comparative statement delivered to the City. The maximum increase allowed under this provision shall be three percent (3%) per year. The City shall have authority, in its reasonable discretion, to determine the validity of any change in Contractor’s rates. City cannot exercise the Option to Extend with any price increases unless the Vendor completes the section of the Quote requesting anticipated percentage of annual escalation. First Additional Year Escalation Percentage …………………..……..…………... _____% Second Additional Year Escalation Percentage ………………….….………......... _____% Third Additional Year Escalation Percentage …………………..………………... _____% Fourth Additional Year Escalation Percentage ……………………..……………... _____% 4. Bidder’s Experience / Staff A. Project Team: Identify all members of the Bidder’s team (including both team members and management) who will be providing any services proposed and include information which details their experience. B. Removal or Replacement of Staff: If an assigned staff person must be removed or replaced for any reason, the replacement person must be approved by City prior to joining the project. C. Business Establishment: State the number of years the Bidder’s business has been established and operating. If Bidder’s business has changed names or if the principals operating the business operate any similar businesses under different names, or have operated any other businesses or changed the legal status or form of the business within the last five (5) years, all names, of predecessor business names, affiliated entities, and previous business entities operated by the principals, if different than present, must be provided; State the number of years’ experience the business has: _______; and the number of employees: _________. D. Project Related Experience: All Proposals must include detailed information that details the Bidder’s experience and expertise in providing the requested services that demonstrates the Bidder’s ability to logically plan and complete the requested project. 5. References Bidder shall provide four (4) references where Bidder has performed similar to or the same types of services as described herein. Reference #1: Client / Company Name: Contact Name: Contact Title: Phone: Email: Date and Scope of Work Provided: Page 27 19 Reference #2: Client / Company Name: Contact Name: Contact Title: Phone: Email: Date and Scope of Work Provided: Reference #3: Client / Company Name: Contact Name: Contact Title: Phone: Email: Date and Scope of Work Provided: Reference #4: Client / Company Name: Contact Name: Contact Title: Phone: Email: Date and Scope of Work Provided: 6. Trade Secrets and/or Confidential Information Trade Secrets and/or Confidential Information: This proposal ___ (does) ___ (does not) contain trade secrets and/or confidential information. If applicable, describe such trade secrets and confidential information, and the basis for your assertion that such material qualifies for legal protection from disclosure. 7. Federal, State and/or Local Identification Information A. Centralized Master Bidders List registration number: ______________________________. B. Prime contractor HUB / MWBE registration number: ______________________________. C. An individual Bidder acting as a sole proprietor must also enter the Bidder’s Social Security Number: #_______-_______-_______. Page 28 20 8. Emergency Business Services Contact Notice During a natural disaster, or homeland security event, there may be a need for the City of Sanger to access your business for products or services after normal business hours and/or holidays. For this purpose, a primary and secondary emergency contact name and phone number are required. It is critical the vendor’s emergency contact information remains current. City shall be contacted by E- mail with any change to a contact name or phone number of these emergency contacts. Updates may be emailed to rnolting@sangertexas.org All products or services requested during an emergency event are to be supplied as per the established contract prices, terms and conditions. The vendor shall provide the fee (pricing) for an after-hours emergency opening of the business, if any. In general, orders will be placed using a City of Sanger City issued Purchase Order. The contractor shall provide the names, phone numbers and fee (pricing), if any, for an after-hours emergency opening of the business listed below. Business Name: _____________________________________________________________________ Contract #: _________________________________________________________________________ Description: ________________________________________________________________________ Primary Contact (Name):______________________________________________________________ Primary Contact Phone Numbers: Home: ___________________ Cell: ___________________ Secondary Contact (Name):____________________________________________________________ Secondary Contact Phone Numbers: Home: ____________________ Cell: ___________________ After Hours emergency opening fee, if applicable: $________________________________________ 9. Cooperative Governmental Purchasing Notice Other governmental entities maintaining interlocal agreements with the City, may desire, but are not obligated, to purchase goods and services defined in this RFP from the successful Bidder. All purchases by governmental entities, other than the City, will be billed directly to and paid by that governmental entity. The City will not be responsible for another governmental entity’s debts. Each governmental entity will place their own orders with the successful Bidder and be responsible for ensuring full compliance with the RFP specifications. Prior to other governmental entities placing orders, the City will notify the successful Bidder of their intent. Please indicate below if you will permit other governmental entities to purchase from your agreement with the City. [ ] Yes, Others can purchase [ ] No, Only the City can purchase Page 29 21 CONTRACT TERMS AND CONDITIONS EXCEPT WHERE BIDDER MAKES SPECIFIC EXCEPTION IN THE SUBMITTED PROPOSAL, ANY CONTRACT RESULTING FROM THIS RFP WILL CONTAIN THE FOLLOWING TERMS AND CONDITIONS, WHICH BIDDER HEREBY ACKNOWLEDGES, AND TO WHICH BIDDER AGREES BY SUBMITTING A PROPOSAL: 1. Delivery of Products and/or Services A. Payment Terms: Unless otherwise specified in the Scope of Services or otherwise agreed to in writing by the City, payment terms for the City are Net 30 days upon receipt of invoice. B. Warranty of Products and Services: All products furnished under this contract shall be warranted to be merchantable and good quality and fit for the purposes intended as described in this Proposal, to the satisfaction of City and in accordance with the specifications, terms, and conditions of the Scope of Services, and all services performed shall be warranted to be of a good and workmanlike quality, in addition to, and not in lieu of, any other express written warranties provided. C. Late Delivery or Performance: If Bidder fails to deliver acceptable goods or services within the timeframes established in the Project Schedule, the City shall be authorized to purchase the goods or services from another source and assess any increase in costs to the defaulting Bidder, who agrees to pay such costs within ten days of invoice. D. Title to Goods and Risk of Loss: For goods to be provided by Bidders hereunder, if any, the title and risk of loss of the goods shall not pass to City until City actually receives, takes possession, and accepts the goods and the installation of such goods, has tested the system, and determined that it is in good and acceptable working order. 2. Miscellaneous A. Independent Contractor: Bidder agrees that Bidder and Bidder’s employees and agents have no employer-employee relationship with City. Bidder agrees that if Bidder is selected and awarded a contract, City shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, Federal or State unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will City furnish any medical or retirement benefits or any paid vacation or sick leave. B. Assignments: The rights and duties awarded the successful Bidder shall not be assigned to another without the written consent of the Parks & Recreation Superintendent. Such consent shall not relieve the assigner of liability in the event of default by the assignee. C. Liens: Bidder shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods, and services which may be provided to the City by Bidder or Bidder’s vendor(s), and if the City requests, a proper release of all liens or satisfactory evidence of freedom from l iens shall be delivered to the City. D. Gratuities / Bribes: Bidder certifies that no bribes in the form of entertainment, gifts, or otherwise, were offered or given by the successful Bidder, or its agent or representative, to any City officer, employee or elected representative, with respect to this RFP or any contract with the City, and that if any such bribe is found to have been made this shall be grounds for voiding of the contract. E. Financial Participation: Bidder certifies that it has not received compensation from the City to participate in preparing the specifications or RFP on which the Proposal is based and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate. Page 30 22 F. Required Licenses: Bidder certifies that he holds all licenses required by the State of Texas for a provider of the goods and/or services described by the Scope of Services herein. G. Authority to Submit Proposal and Enter Contract: The person signing on behalf of Bidder certifies that the signer has authority to submit the Proposal on behalf of the Bidder and to bind the Bidder to any resulting contract. H. Compliance with Applicable Law: Bidder agrees that the contract will be subject to, and Bidder will strictly comply with, all applicable federal, state, and local laws, ordinances, rules, and regulations. I. Compliance with HB 89: Bidder agrees per HB 89 vendor shall not boycott Israel at any time while providing products or services to the City of Sanger. [ ] Yes, we agree [ ] No, we do not agree [ ] N/A J. Compliance with SB 252: Bidder agrees per SB 252 vendor shall not do business with Iran, Sudan or a foreign terrorist organization while providing products or services to the City of Sanger. [ ] Yes, we agree [ ] No, we do not agree 3. Financial Responsibility Provisions Insurance: The successful Bidder shall procure and maintain in force during the terms of any contract awarded pursuant to this RFP, at its own cost, the following minimum insurance coverage: A. Workers’ Compensation and Employers’ Liability: i. State of Texas: $1,000,000 Each Accident ii. Employer’s Liability: $100,000 Each Accident $500,000 Disease-Policy Limit $100,000 Disease-Each Employee iii. Waiver of Subrogation B. Commercial General Liability: i. Bodily Injury & Property Damage with a General Aggregate Limit: $1,000,000 ii. Personal & Advertising Injury Limit $500,000 iii. Each Occurrence Limit $1,000,000 The policy shall be on an Occurrence Form and include the following coverage: Premises Operations; Personal and Advertising Injury; Medical Payments; Liability assumed under an Insured Contract; Independent Contractors; and Broad Form Property Damage. Coverage provided should be at least as broad as found in Insurance Services Office (ISO) form CG0001. C. Commercial Automobile Liability Limits: Page 31 23 i. Bodily Injury & Property Damage Combined Single Limit: $1,000,000 ii. Medical Payments: $ 5,000 Per Person iii. Uninsured/Underinsured Motorist $100,000 Prior to the execution of any awarded contract by the City, the successful Bidder shall forward Certificates of Insurance to the Purchasing Manager. The required insurance policies shall be procured and maintained in full force and effect for the duration of the awarded contract. Certificate Holder shall be the City of Sanger, Texas at 502 Elm Street, Sanger, Texas 76266. A. Indemnification: Bidder agrees to defend, indemnify and hold harmless the City, all of its officers, Council members, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys’ fees, court costs and related expenses, arising out of, connected with, or resulting from any acts or omissions of Bidder or any agent, employee, subcontractor, or supplier of Bidder in the execution or performance of this contract without regard to whether such persons are under the direction of City agents or employees. B. Texas Local Government Code Chapter 252, as amended, provides that for any contract for the construction of public works, a Bidder must execute a bond that is: (a) in the full amount of the contract price, and (b) conditioned that the contractor will faithfully perform the contract; and (c) executed, in accordance with Texas Government Code Ch. 2253, as amended, by a surety company authorized to do business in the state. 1. Texas Government Code Ch. 2253, as amended, provides that a payment bond is required if the contract is in excess of $25,000 and is to be made for the full amount of the contract. A performance bond is required if the contract is in excess of $100,000 and is to be made for the full amount of the contract. 2. The bonds are to be executed and delivered to the City prior to being recommended for award of the Contract. The bonds must be executed by a corporate surety or sureties authorized to do business in the state of Texas. For unit price contracts, the total contract price shall be estimated and calculated by multiplying the estimated quantities to the Bidder’s unit proposal price. 3. If the public works contract is less than $100,000, the performance bond will not be required as long as the contract provides that payment is not due until the work is completed and accepted by the City. Page 32 24 This Agreement shall take effect upon execution by the signatories and shall be in effect from date of execution until completed or terminated by either party with thirty (30) written notice. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers. ___________________________ ___________________________ Vender City of Sanger ___________________________ ___________________________ Signed Signed ___________________________ ___________________________ Printed Name Printed Name ___________________________ ___________________________ Printed Title Printed Title ___________________________ ___________________________ Date Date Approved as to Form _________________________ City Attorney Page 33 25 Conflicts of Interest The Texas Ethics Commission adopted the attached Conflict of Interest Questionnaire (Form CIQ pursuant to Texas Local Government Code Chapter 176, as amended. For questions about these forms, please see the Texas Ethics Commission at: https://ethics.state.tx.us/forms/CIQ.pdf THE FOLLOWING ARE CONSIDERED OFFICERS OF THE CITY: Local Government Officer Title Thomas Muir Mayor Marissa Barrett Councilmember Gary Bilyeu Councilmember Dennis Dillon Councilmember Allen Chick Councilmember Victor Gann Councilmember John Noblitt City Manager Alina Ciocan Assistant City Manager Jeriana Staton Human Resources Hugh Coleman City Attorney John Payne 4B Economic Development Board Eddie Piercy 4B Economic Development Board Beverly Howard 4B Economic Development Board Jeff Springer 4B Economic Development Board Carrie Bilyeu 4B Economic Development Board William Lascor 4B Economic Development Board Stephanie Wood 4B Economic Development Board Sue Allison 4A Economic Development Board Nancy McAlister 4A Economic Development Board Shannon Gann 4A Economic Development Board Drew Hall 4A Economic Development Board Christopher Kundrock 4A Economic Development Board Shani Bradshaw Economic Development Director Local Government Officer Title Ramie Hammonds Development Services Director David Pennington Fire Chief Clayton Gray Finance Director James Bolz Public Works Director Ryan Nolting Parks & Recreation Superintendent Audrey Tolle Library Director Waylan Rhodes Police Chief Page 34 26 Kelly Edwards City Secretary Christy Dyer Court Administrator | Deputy City Secretary EXCLUSIONS: A questionnaire statement need not be filed if the money paid to a local government official was a political contribution, a gift to a member of the officer’s family from a family member; a contract or purchase of less than $2,500 or a transaction at a price and subject to terms available to the public; a payment for food, lodging, transportation or entertainment; or a transaction subject to rate or fee regulation by a governmental entity or agency. WHAT: A person or business that contracts with the City or who seeks to contract with the City must file a “Conflict of Interest Questionnaire” (FORM CIQ) which is available online at www.ethics.state.tx.us and a copy of which is attached to this guideline. The form contains mandatory disclosures regarding “employment or business relationships” with a municipal officer. Officials may be asked to clarify or interpret various portions of the questionnaire. WHEN: The person or business must file: 1. The questionnaire – no later than seven days after the date the person or business begins contract discussions or negotiations with the municipality, or submits an application, responds to a request for proposals or bids, correspondence, or other writing related to a potential contract or agreement with the City; and 2. An updated questionnaire – within seven days after the date of an event that would make a filed questionnaire incomplete or inaccurate. It does not matter if the submittal of a bid or proposal results in a contract. The statute requires a vendor to file a FORM CIQ at the time a proposal is submitted or negotiations commence. ENFORCEMENT: Failure to file a questionnaire is a Class C misdemeanor punishable by a fine not to exceed $500. It is an exception to prosecution that the person files a FORM CIQ not later than seven business days after the person received notice of a violation. Page 35 27 Appendix D – No Intent to Submit Form If your firm has chosen not to submit a proposal for this procurement, please complete this form and submit to: City of Sanger Parks & Recreation Department 502 Elm Street Sanger, Texas 76266 Please check all items that apply: • Do not sell the item(s) required • Cannot provide Insurance required • Cannot be competitive • Cannot provide Bonding required • Cannot meet specifications highlighted in the attached request • Cannot comply with Indemnification requirement • Job too large • Job too small • Do not wish to do business with the City of Sanger • Other: _____________________ Company Name (Please print): _____________________________________________ Authorized Officer Name (Please print): _______________________________________ Telephone: (_____) __________________ Fax: (_______) ________________________ Page 36 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. C. AGENDA MEETING DATE: March 7, 2022 TO: John Noblitt, City Manager FROM: Ryan Nolting ITEM/CAPTION: REQUEST FOR PROPOSAL (RFP) FOR BRUSH COLLECTION AND DISPOSAL SERVICE FOR THE CITY OF SANGER Consider a Request for Proposal (RFP) for professional services for Brush Collection and Disposal Services for the City of Sanger. (Nolting) AGENDA TYPE: Consent Agenda ACTION REQUESTED:  Approval  BACKGROUND: The City of Sanger would like to enter into an agreement/contract with a Brush Collection and Disposal company to service the City of Sanger and its residence. Currently, no agreement/contract is in place. The Parks Division is called out to each area/resident as needed for collection. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: Legal has reviewed the Request for Proposals. FINANCIAL SUMMARY ­ FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends approval. Page 37 - City of Sanger REQUEST FOR PROPOSALS Project Title: Brush Collection and Disposal Proposal Closing Date: 3:00pm, Monday, April 4th, 2022. Page 41 1 TABLE OF CONTENTS Table of Contents Page 1 Request for Proposals 1. Introduction Page 3 2. Definitions Page 3 3. General Information Page 4 4. RFP Withdrawals and/or Amendments Page 4 5. Estimated Quantities Page 4 6. Proposal Submittal Requirements Page 4 7. Proposal Evaluation and Contract Award Page 5 Appendix A – Scope of Services 1. Project Title Page 7 2. Scope of Services Contact Page 7 3. Proposal Evaluation Factors Page 7 4. Key Events Schedule Page 7 5. Scope of Services Page 7 6. Point of Contact Page 8 7. Restriction on Communication Page 8 8. Requirements Contract Page 8 9. Addition or Deletion Page 8 10. Contract Term Page 8 11. Contract Page 9 12. Method of Award Page 9 13. Bid Evaluation Page 9 14. Contractor Selection Page 9 15. Bidders Qualification Requirements Page 9 16. Contractor’s Responsibility for Work Page 10 17. Cancellation Page 10 18. Invoicing Page 10 19. General Requirements Page 11 20. Site Work Page 11 21. Work Orders, Assignments and Inspection of Work Page 12 22. Work Crew Page 13 23. Safety of Work Crew Page 13 24. Identification Page 13 25. Communication Page 14 Page 42 2 Bidders Questionnaire Page 15 Appendix B – Proposal (-) Label Format for Submittal Packet’s Sealed Envelope Page 16 Required Proposal Information 1. Proposed Product and /or Services Page 17 2. Cost of Proposed Product and /or Services Page 17 3. Term of Contract and Option to Extend Page 17 4. Bidder’s Experience / Staff Page 18 5. References Page 18 6. Trade Secrets and / or Confidential Information Page 19 7. Federal, State and/or Local Identification Information Page 19 8. Emergency Services Contract Notice Page 20 9. Cooperative Governmental Purchasing Notice Page 20 Contract Terms and Conditions 1. Delivery of Products and / or Services Page 21 2. Miscellaneous Page 21 3. Financial Responsibility Provisions Page 22 Conflict Of Interest Page 25 Appendix D – No Intent to Submit Form Page 27 Page 43 3 Sanger, Texas Request for Proposals 1. Introduction A. Project Overview: The City of Sanger is requesting Proposals with the intent of awarding a contract for the purchase of goods and services contained in Appendix A – Scope of Services. B. Questions: Following are contacts for questions as identified. 1. RFP Clarifications: All questions related to requirements or processes of this RFP should be submitted in writing to the Parks & Recreation Superintendent. 2. Scope of Service Questions: All questions related to the scope of services should be submitted in writing to the contact person(s) noted in Appendix A – Scope of Services. C. Notification of Errors or Omissions: A Bidder shall promptly notify the City of any omissions, ambiguity, inconsistency or error that they may discover upon examination of this RFP. The City shall not be responsible or liable for any errors and/or misrepresentation that result from the solicitations which are inadvertently incomplete, ambiguous, inconsistent or obviously erroneous. D. Conflict of Interest Questionnaire (Form CIQ): A person or business, and their agents, who seek to contract or enter into an agreement with the City, are required by Texas Local Government Code, Chapter 176, to file a conflict-of-interest questionnaire (FORM CIQ) which is found in Appendix C. The form must be filed with the City Secretary no later than seven (7) days after the date the person or business begins contract discussions or negotiations with the City, or submits an application, response to a request for proposals or bids, correspondence, or other writing related to any potential agreement with the City. E. Form 1295 Certificate of Interested Parties:. Government Code 2252.908 states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. Please go to the Texas Ethics Commission webpage (www.ethics.state.tx.us) for full instructions and to complete the required steps for creation of Form 1295. Once the form is completed online, printed and signed please return the form with your proposal submission. 2. Definitions Proposal: The signed and executed submittal of the entirety of Appendix B – Proposal. Bidder: The Bidder and the Bidder’s designated contact signing the first page of the Proposal. City of Sanger (“City”): The City of Sanger, Texas. Project: The name of this Request for Proposals as identified on the cover sheet and first page of Appendix A – Scope of Services. Parks & Recreation Superintendent: Page 44 4 Ryan Nolting Phone: (940) 458-2718 E-Mail: rnolting@sangertexas.org Request for Proposals (RFP): The entirety of this document. 3. General Information A. Tax Exempt Status: City purchases are exempt from State Sales Tax and Federal Excise Tax. Do not include tax in the Proposal. City will furnish Excise Tax Exemption Certificate upon request. B. Public Inspection of Proposals: The City strictly adheres to the Texas Public Information Act (Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of RFP information. Proposals are not available for public inspection until after the contract award. If the Bidder has notified the City, in writing, that the Proposal contains trade secrets or confidential information, the City will generally take reasonable steps to prevent disclosure of such information, in accordance with the Public Information Act. This is a statement of general policy only, and in no event shall the City be liable for disclosure of such information by the City in response to a request, regardless of the City’s failure to tak e any such reasonable steps, even if the City is negligent in failing to do so. 4. RFP Withdrawals and/or Amendments A. RFP Withdrawal: The City reserves the right to withdraw this RFP for any reason. B. RFP Amendments: The City reserves the right to amend any aspect of this RFP by formal written Addendum prior to the Proposal submittal deadline and will endeavor to notify all potential Bidders that have registered with the City, but failure to notify shall impose no obligation or liability on the City. 5. Estimated Quantities The City does not guarantee to purchase any minimum or maximum quantity but does contemplate purchasing exclusively from the successful vendor during the term of the contract. 6. Proposal Submittal Requirements A. Proposals Received Late: The City is not responsible for late submission regardless of the reason. Late Proposals will not be considered under any circumstances. B. Alterations or Withdrawals of Proposal Document: Any submitted Proposal may be withdrawn or a revised proposal substituted prior to the submittal deadline. Proposal Documents cannot be altered, amended or withdrawn by the Bidder after the submittal deadline, unless such alteration, amendment or withdrawal notice is approved in writing by the Purchasing Manager. C. Proposal Document Format: All Proposal Documents must be prepared in single-space type, on standard 8-1/2” x 11” vertically oriented pages, numbered at the bottom. Any other format (via telephone, fax, email, etc.) may be rejected by the City at its discretion. Page 45 5 7. Proposal Evaluation and Contract Award A. Proposal Evaluation and Contract Award Process: An award of a contract to provide the goods or services specified herein will be made using competitive sealed proposals, in accordance with Chapter 252 of the Texas Local Government Code and with the City’s purchasing policy. The City will evaluate all proposals to determine which Bidders are reasonably qualified for the award of the contract, applying the anticipated evaluation factors and emphasis to be placed on each factor as identified in the Scope of Services. The City may, at its option, conduct discussions with or accept proposal revisions from any reasonably qualified Bidder. The City reserves the right to determine which proposal will be most advantageous to the City. B. Completeness: If the Proposal is incomplete or otherwise fails to conform to the requirements of the RFP, City alone will determine whether the variance is so significant as to render the Proposal non- responsive, or whether the variance may be cured by the Bidder or waived by the City, such that the Proposal may be considered for award. C. Ambiguity: Any ambiguity in the Proposal as a result of omission, error, lack of clarity or non - compliance by the Bidder with specifications, instructions and all conditions shall be construed in the favor of the City. In the event of a conflict between these standard RFP requirements and details provided in Appendix A – Scope of Services or Appendix B – Proposal, the Appendices shall prevail. D. Unit Prices and Extensions: If unit prices and their extensions do not coincide, the City may accept the price most beneficial to the City, and the Bidder will be bound thereby. E. Additional Information: City may request any other information necessary to determine Bidder’s ability to meet the minimum standards required by this RFP. F. Partial Contract Award: City reserves the right to award one contract for some or all the requirements proposed or award multiple contracts for various portions of the requirements to different Bidders based on the unit prices proposed in response to this request, or to reject any and all Proposals and re-solicit for Proposals, as deemed to be in the best interest of City. G. Terminate for Cause: The occurrence of any one or more of the following events will justify termination of the contract by the City of Sanger for cause: 1. The successful Bidder fails to perform in accordance with the provisions of these specifications; or 2. The successful Bidder violates any of the provisions of these specifications; or 3. The successful Bidder disregards laws or regulations of any public body having jurisdiction; or 4. The successful Bidder transfers, assigns, or conveys any or all of its obligations or duties under the contract to another without written consent of the City. 5. If one or more of the events identified in Subparagraphs G (1 through 4) occurs, the City of Sanger may, terminate the contract by giving the successful Bidder seven (7) days written notice. In such case, the successful Bidder shall only be entitled to receive payment for goods and services provided before the effective date of termination. The successful Bidder shall not receive any payment on account of loss of anticipated profits or reve nue or other economic loss resulting from such termination. Page 46 6 6. When the contract has been so terminated by the City of Sanger, such termination shall not affect any rights or remedies of the City then existing or which may thereafter accrue. H. Terminate for Convenience: This contract may be cancelled or terminated at any time by giving vendor thirty (30) days written notice. Vendor may be entitled to payment for services actually performed; to the extent said services are satisfactory. Page 47 7 Appendix A – Scope of Services 1. Project Title: Brush Collections 2. Scope of Services Contact Questions about the technical nature of the Scope of Services, etc. may be directed to Ryan Nolting, Phone; (940) 458-2718, e-mail: rnolting@sangertexas.org. 3. Proposal Evaluation Factors Emphasis Factor 20% Background of the company 20% Ability to provide services *Vendor must demonstrate their ability to provide the requested services at the expected level of service. 30% Cost 10% Work chart including any applicable certifications 20% Top three contracts in terms of price and scope – demonstrating the vendor’s ability to handle the services requested in this RFP. 4. Key Events Schedule Sealed Proposals Due to and Opened by City April 4, 2022 Anticipated Award Date April 18, 2022 5. Scope of Services The Brush Collection and Disposal service will be weekly for City of Sanger residents. Selected vendor will provide a minimum of two trucks, one commercial grade wood chipper, one grapple truck, disposal location or locations, three workers in Sanger one day a week for the duration of the contract. Selected vendor work shall be completed between the hours of 7:00am - 7:00pm. All work areas shall be left clean and close to original condition. All brush piles will be no larger than 4 cubic yards. Bidder shall be responsible for disposing the collected items in accordance with state law. All work orders and areas will be assigned by one of the following persons: Ryan Nolting @ 940-458-2718, or his designee. The selected vendor will supply all necessary personnel, tools, and equipment to accomplish to satisfy the scope of services. All costs associated with the service must be include in the hourly rate. The selected vendor will propose a regular hourly rate (hours from 7:00 a.m. to 7:00 p.m. Monday through Friday) and an afterhours/weekend/holidays hourly rate (hours from 7:00 a.m. to 7:00 p.m., weekends, and designated holidays). Page 48 8 6. Point of Contact The Parks & Recreation Superintendent, identified below, is the sole point of contact regarding the bidding documents from the date of issuance until selection of the successful vendor. The point of contact for inquiries concerning the bid is: Ryan Nolting Parks & Recreation Superintendent City of Sanger 502 Elm Street Sanger, Texas 76266 (940) 458-2718, Fax (940) 458-4180 rnolting@sangertexas.org 7. Restriction on Communication All communications relating to this sealed bid must be directed to the City’s contact person named above. All other communications between a Vendor and City staff and public officials concerning this bid are prohibited. Failure to comply with this requirement may result in the city disqualifying the Vendor’s bid. 8. Requirements Contract The Parks & Recreation Superintendent or designee has the authority to cancel service cycles at any time. The cancellation will be based upon need, prevailing weather c onditions and available funding. It is assumed that the Contractor shall be notified of any cancellation(s) at such time that a Notice to Proceed is issued for any service cycle. Any quantities that are included in the scope of work reflect the current expectations of the City for the period of the contract. The amount is only an estimate and the contractor understands and agrees that the city is under no obligation to the contractor to buy any amount of services as a result of having provided this estimate or of having any typical or measurable requirement in the past. The contractor further understands and agrees that the City may require services in excess of the estimated annual contract amount and that the quantity actually used whether in excess of, or less than, the estimated annual contract amount and that the quantity actually used shall not give rise to any claim for compensation other than the total of the unit prices in the contract for the quantity actually used. 9. Addition or Deletion The City reserves the right to add or remove items as circumstances warrant. The City of Sanger reserves the right to purchase additional services under the terms of this specification. 10. Contract Term The contract shall be for a term of one year beginning upon City Council approval. The City and contractor may, upon mutual consent, extend the contract for four (4) additional (1) one-year periods after the initial term, upon written request by either party presented no later than thirty (30) days prior to the expiration of the contract. Either party will shall have fifteen days to accept or reject the request for the contract extension. Page 49 9 Should funding not be approved by the City Council for any given budget year during the contract term, the contract will become null and void upon the completion of the appropriated funding. 11. Contract The bid document awarded by Sanger City Council shall constitute the contract. 12. Method of Award The City of Sanger intends to award a contract to the vendor who provides goods or services at the best value for the City of Sanger. The City may choose to award the contract based on the lowest responsible bid or the best value ranking, whichever is deemed to be in the best interest of the City. In determining the best value for the City of Sanger, the City will consider price and relevant experience/references to the extent to which the goods or services conform to the specifications herein. Each vendor is responsible for submitting all relevant, factual, and correct information with their bid. 13. Bid Evaluation The City reserves the right to accept or reject in part or in whole any bid submitted, and to waive any technicalities for the best interest of the City. The City reserves the right to determine "or equal" status. 14. Contractor Selection If awarded, the contract shall be based on the City’s evaluation criteria of price, experience/references and compliance with bid requirements. A responsive bidder shall have submitted a complete sealed bid packet within the stated timeline and in accordance with the bid specifications. A responsible bidder shall demonstrate the ability to successfully deliver the supplies, equipment and/or services being procured. A responsive bidder is defined to be one who submits a completed sealed bid packet within the stated time deadline and in accordance with the bid specifications. A responsible bidder is defined to be one who demonstrates via their responses to the selection criteria his or her ability to successfully deliver the supplies, equipment, or services being procured. 15. Bidders Qualification Requirements Each bidder is responsible for submitting all relevant, factual and correct information with their bid. The below listed criteria will be assessed by the vendors submitted data. 1. Contractor shall have a minimum of five (5) consecutive years’ experience in brush collection and disposal. 2. Contractor must submit with their bid, a list of equipment to be used for this contract. The list of equipment should include year, model, make, and number of hours on all equipment to be used. Equipment can be subject to inspection by the City representative. Contractor may use attached form. 3. Contractor shall have in his or her employment at the time of the bid the minimum number of employees to successfully execute the bid as specified. Page 50 10 4. Contractor shall be capable of securing the specified insurance in the amount of the contract within fifteen (15) working days after the formal acceptance of the proposal. 5. Contractor shall provide a minimum of 3 current references with the bid. References shall be from clients the contractor has served in a similar capacity within the last 24 months. 16. Contractor’s Responsibility for Work 1. The Contractor shall be responsible for the complete performance of all of the work under the Contract. 2. Contractor shall be responsible for furnishing all tools, equipment, labor, supplies and incidentals required to complete the work 17. Cancellation The Contractor shall strictly comply with the provisions of the contract with an adequate number of quality personnel and equipment to perform the work described in these specifications. Non - performance or non-compliance with the requirements of this specification by the awarded vendor(s) may be the basis for the immediate termination of the contract by the City. The Contractor shall be given forty-eight hours following receipt of notification of default in which to remedy the deficiencies. If the deficiencies are not remedied as a result of the notification, the contract may be terminated. At the discretion of the City, subsequent notification(s) may be issued upon the occurrence of each default(s) and the contractor shall have forty-eight hours following receipt of the second notification to remedy the deficiencies. If deficiencies are not remedied following the subsequent notification(s) period, the Contractor shall be deemed in default of the contract and the contract may be terminated. The City shall not pay for services or supplies that are deemed by the City to be unsatisfactory. Vendors will be given reasonable opportunity, before termination, to correct any deficiencies; however, this in no way may be construed as negating the basis for cancellation. 18. Invoicing Invoicing shall be accomplished on a per-job basis. Invoices MUST reference the City of Sanger issued P.O. Number. Failure to include the P.O. number may delay payment. To expedite payment, invoices will be reviewed by the user department for accuracy then authorization will be forwarded to the Finance Department for payment. Payment terms shall be Net Thirty (30), and payments shall be made on approved invoices in accordance with the Texas Prompt Payment Act. Please provide a detail listing of all work performed and submit invoice at the end of each month. Invoices are to be prepared in duplicate and submitted to: City of Sanger Parks & Recreation Department 502 Elm Street Sanger TX 76266 And an electronic copy to the following addresses: rnolting@sangertexas.org Page 51 11 19. General Requirements Site visit can be arranged upon request to the Parks & Recreation Superintendent. General Contractor’s Work. The City reserves the right to reject any and all bids. Bids shall also include a completed “Bidders Questionnaire” which is part of the operational plan as well as an equipment list and past work history to determine whether or not a bidder can adequately perform the necessary work. The City has the right to inspect all equipment dedicated for use on this project prior to award of the bid. During inspection the Contractor must have all equipment which will be dedicated to the Contract on hand or have original receipt of purchase or lease to show ownership. All equipment the bidder is committing to this Contract, if awarded, should be included in the listing. Past experience has shown that it is absolutely essential to have back-up equipment to allow for breakdowns. It is the spirit and intent of these specifications and plans to secure for the City the work described, complete in every respect, and the general conditions there for shall be complied with, whether items are specifically mentioned or not. 20. Site Work A. Definitions: Project Area: Shall refer to specific geographic area(s) of the City designated to receive services. Maintenance Schedule: Shall mean the time periods established for the project. Maintenance Cycle: Shall refer to each time period in the maintenance schedule for the project year. A beginning and ending date, in which all prescribed maintenance activities for each area shall be completed, define each time period. Inspector: Shall mean the Parks & Recreation Superintendent or authorized designee, who shall monitor the Contractor's progress. Inclement Weather: Shall mean wet, rainy or other weather event when the condition of the soil is such that the rutting of property will not allow collection to be accomplished satisfactorily. This determination shall be made at the sole discretion of the Parks & Recreation Superintendent or designee. Work Record Summary: Shall mean a written record detailing times and locations of when the contractor and employees were on the job site completing work per contract specifications. Uniforms: Contractor shall provide and require its employees to wear a uniform that bears the company name, logo, and employee’s name. Uniforms are not to be dirty, stained or torn. Uniforms shall be worn at all times while on the job. Contractor shall provide and ensure the wearing of protective clothing, masks, eye protection, etc., as required by laws, regulation, ordinances, and/or manufacturer’s instruction for material and equipment. All employees of contractor must utilize personal protective equipment such as safety vest to insure their visibility to drivers. Page 52 12 Warning Devices and Barricades: The Contractor shall furnish and maintain warning devices, barricades, lights, signs, and other devices as may be necessary or appropriate of required by the City to protect persons or property in, near of adjacent to the jobsite. The contractor shall comply with all applicable Federal, State, and Local laws regarding occupational safety and health as well as providing protection of the environment. This shall include but not be limited to compliance with U.S. Department of Labor-Occupational Safety and Health Administration (OSHA), and U.S. Environmental Protection Agency (EPA) guidelines and regulations. No separate compensation shall be paid to the contractor for such measures. Subcontracts: Contractor may hire qualified subcontractors to perform functions or work requiring specialized equipment. Contractor must notify the Parks & Recreation Superintendent in writing of any work to be performed by a subcontractor. 21. Work Orders, Assignments and Inspection of Work: 1. Inspectors Duties: The Parks & Recreation Superintendent or designee may make inspections, re-inspections, monitor Contractor activities, ensure the work performed in the assigned project area is done to the quality level prescribed in this Contract and in accordance with prescribed time schedules; however, the Parks & Recreation Superintendent or designee has no duty or obligation to make inspections. Upon determination of any violation of the specifications and/or terms of this contract, the Inspector shall record, process, and submit all pertinent information to the Parks & Recreation Superintendent for appropriate action. 2. Contact: The Contractor shall notify the Parks & Recreation Superintendent or designee prior to the collections. This contact is for the purpose of discussing areas to be collected, Contractor’s work schedule for the day. Failure to contact the Parks & Recreation Superintendent, or designee, before the collection begins may constitute a breach of Contract. 3. Time to Complete Work: Contractor shall begin work and proceed with all reasonable dispatch to completion. The Contractor will be required to maintain all project areas assigned to him in the time allotted (maintenance cycle) for each project area. Work st arted within a project area should be completed in consecutive days. Inclement weather may result in the cancellation of a cycle. Parks & Recreation Superintendent will be responsible for cancellation of cycles. 4. Failure to Maintain Maintenance Schedule: Failure on the part of the Contractor to maintain the required production rate for a project area shall be sufficient reason for the Parks & Recreation Superintendent to have the work in question or portions thereof completed by other s if the Contractor shall not cure the default within Seventy-two (72) hours of written notice of the default. If others complete work, any additional cost caused by a higher bid price will be deducted from the original contractor's next payment, if any. 5. Protection of Existing Sites, Structures and Utilities: Where performance of maintenance activities endangers adjacent sites, structures and utilities, the Contractor shall at his own expense carefully protect all such sites, structures and utilities so that there will be no loss or utilities service damage. In case of damage to existing sites, structures or utilities, the Contractor shall restore the site, structure or utility to its original condition and position without compensation from the City. Page 53 13 THIS IS A REQUIREMENTS CONTRACT The Parks & Recreation Superintendent or designee has the authority to cancel cycles at any time based on need. The cancellation will be based upon need, prevailing weather conditions and available funding. It is assum ed that the Contractor shall be notified of any cancellation(s) by the Parks & Recreation Superintendent of any jobs no later than 48 hours prior to the work to begin. The Parks & Recreation Superintendent or designee reserves the right to rearrange the mowing cycle and locations within the city at any time. This determination will be made by the City and communicated to the Contractor in writing via e-mail or fax. 22. Work Crew Each work crew shall have a designated person on the work site with the authority to respond to inquiries about work details or priorities. The Contractor will assign only qualified, trained, competent and reliable personnel to perform the services. The City shall have the right to request the immediate removal from its premises of any employee of the Contractor or of the Contractor’s subcontractors. 23. Safety of Work Crew Contractor shall wear and/or display proper warning devices (safety vest, flashers, strobe lights, warning signs, etc.) in order to ensure both employee and public safety. Contractor and his employees shall dress and remain dressed in a presentable fashion due to high public visibility of these employees. Should problems occur, Contractor will be advised of the circumstances and shall take appropriate action. The Contractor shall be responsible for furnishing all signs and traffic controls in accordance with the Texas Manual on Uniform Traffic Control Devices, and make adjustments as required by Inspector. All signs must be mounted on their own stands and be mounted not less than three feet (3 ft.) from the bottom of the sign to the natural ground line. Each sign shall have two brightly colored safety flags attached to it. It will not be permissible to hang or lean these signs. The signs shall be erected in such a manner that they will not obstruct the traveling public view of the normal roadway signing. 24. Identification All Contractor vehicles under the performance of this Contract that are licensed for travel on public roads shall have the name of the Contractor neatly exhibited on each side of the vehicle. Vehicles shall park in areas that do not create potential hazardous traffic situations. Page 54 14 25. Communication Contractor shall provide communication equipment as necessary to perform the services of this Contract. This may include 2-way radios, pagers, cellular phones, telephone answering devices, fax machine etc. The Contractor or his designate shall respond to communication requests from the Parks & Recreation Superintendent or designee, within four (4) hours during the normal working hours of 7:30 a.m. to 5:30 p.m. **Four-hour turnaround time for information between City and Contractor** Page 55 15 BIDDERS QUESTIONNAIRE Any and all firms considering this contract, must complete and submit the information requested below. This is a part of the bid and bidders who fail to submit this information will be considered non-responsive. CONTRACTOR NAME_____________________________________________________________________ PHYSICAL ADDRESS OF EQUIPMENT______________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ TELEPHONE_______________________ FAX_______________________________________ EMAIL_____________________________ DATE______________________________________ 24 Hour Emergency Contact: Name: ___________________________________________________________ 24 Hour Emergency Telephone: _______________________________________________________________ State the number of years your firm has provided brush collection and disposal _____________Years. State the number of employees who will be designated to work on this contract__________________________ 1. Once you have the addresses for brush collections, develop a plan of action for assignment of your crew. _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ 2. Where is your Disposal site or sites? _________________________________________________________________________________________ _________________________________________________________________________________________ EQUIPMENT LIST (List all equipment you plan to dedicate to this project(s))- _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ Attach a separate sheet if necessary. All equipment must be equipped with safe guards as outlined by ANSI and OSHA. Page 56 16 Appendix B – Proposal Submittal Checklist: (To determine validity of proposal) ______Appendix B (pages ___ through ____) must be included in the proposal submittal ______Conflict of Interest Form (page ___) must be included in the proposal submittal. ______Form 1295 Certificate of Interested Party must be included in the proposal submittal. All proposals submitted to the City of Sanger shall include this page with the submitted Proposal. Project Title: Brush Collections and Disposal Submittal Deadline: 3:00 P.M. (CST), Monday, April 4th, 2022 Bidder Information: Bidder’s Legal Name: Address: City, State & Zip Federal Employers Identification Number # Phone Number: Fax Number: E-Mail Address: Bidder Authorization I, the undersigned, have the authority to execute this Proposal in its entirety as submitted and enter into a contract on behalf of the Bidder. Printed Name and Position of Authorized Representative: ________________________________________ Signature of Authorized Representative: ____________________________________________ Signed this __________(day) of _________________________(month),________(year) Page 57 17 REQUIRED PROPOSAL INFORMATION IN ORDER FOR A PROPOSAL TO BE CONSIDERED COMPLETE, AND TO BE EVALUATED FOR A CONTRACT AWARD BY THE CITY, BIDDER MUST SUBMIT ALL OF THE FOLLOWING INFORMATION: 1. Proposed Products and/or Services A. Product or Service Description: Bidders should utilize this section to describe the technical aspects, capabilities, features and options of the product and/or service proposed in accordance with the required Scope of Services as identified in Appendix A. Promotional literature, brochures, or other technical information may be used. B. Additional Hardware Descriptions: Bidders should also include in this section a detailed description of what additional hardware and/or software, if any, would be required by the City in order to fully utilize the goods and/or services proposed. C. Guarantees and Warranties: Each Bidder shall submit a complete copy of any warranties or guarantees provided by the manufacturer or Bidder with the Proposal submitted. D. Project Schedule/Delivery Date: Bidder must provide a project schedule noting all projected completion dates for segments of the Project, from start-up to completion. 2. Cost of Proposed Products and/or Services Pricing shall reflect the full Scope of Services defined herein, inclusive of all associated cost for delivery, labor, insurance, taxes, overhead, and profit. 3. Term of Contract and Option to Extend Any contract resulting from this RFP shall be effective for twelve months from date of award. The City anticipates that contract shall be renewed pursuant to the availability of funds and at the discretion of the City. The following clauses shall be included in the contract: A. Option Clause: It is agreed that City will have the option to extend the contract for up to four (4) additional years, in one-year intervals. To exercise this option, the City may serve notice 30 days prior to contract termination or to the end of any one-year extension. The Option to Extend will not be considered if funding is unavailable or if the contractor’s past performance is not within the industry standard. B. Escalation Clause: Should market conditions prevail which dictate an increase, the successful contractor may submit documentation requesting permission to increase pricing no later than 30 days after receiving notice from the City of its intent to extend the agreement. Escalation may only occur at the time of renewal and only upon securing the approval of the City in writing. Requests for price adjustments must be solely for the purpose of accommodating an increase in the contractor’s cost, not profits. Vendors shall show in this quote their anticipated percent of escalation if/when the option to extend is exercised. The percent quoted will be a maximum. In addition, the percentage proposed will be a factor in determining the best value to the City. It is the average price over the period of the contract that will be the price factor considered in the evaluation of this quote. Quotes in which negative or no escalation is shown will be considered as 0% escalation. Page 58 18 C. Price Increases Upon Extension: If approved by the City, the Contractor shall modify the rates charged by the Contractor to reflect any changes shown in the comparative statement delivered to the City. The maximum increase allowed under this provision shall be Three percent (3%) per year. The City shall have authority, in its reasonable discretion, to determine the validity of any change in Contractor’s rates. City cannot exercise the Option to Extend with any price increases unless the Vendor completes the section of the Quote requesting anticipated percentage of annual escalation. First Additional Year Escalation Percentage …………………..……..…………... _____% Second Additional Year Escalation Percentage ………………….….………......... _____% Third Additional Year Escalation Percentage …………………..………………... _____% Fourth Additional Year Escalation Percentage ……………………..……………... _____% 4. Bidder’s Experience / Staff A. Project Team: Identify all members of the Bidder’s team (including both team members and management) who will be providing any services proposed and include information which details their experience. B. Business Establishment: State the number of years the Bidder’s business has been established and operating. If Bidder’s business has changed names or if the principals operating the business operate any similar businesses under different names, or have operated any other businesses or changed the legal status or form of the business within the last five (5) years, all names, of predecessor business names, affiliated entities, and previous business entities operated by the principals, if different than present, must be provided; State the number of years’ experience the business has: _______; and the number of employees: _________. C. Project Related Experience: All Proposals must include detailed information that details the Bidder’s experience and expertise in providing the requested services that demonstrates the Bidder’s ability to logically plan and complete the requested project. 5. References Bidder shall provide four (4) references where Bidder has performed similar to or the same types of services as described herein. Reference #1: Client / Company Name: Contact Name: Contact Title: Phone: Email: Date and Scope of Work Provided: Reference #2: Client / Company Name: Contact Name: Contact Title: Page 59 19 Phone: Email: Date and Scope of Work Provided: Reference #3: Client / Company Name: Contact Name: Contact Title: Phone: Email: Date and Scope of Work Provided: Reference #4: Client / Company Name: Contact Name: Contact Title: Phone: Email: Date and Scope of Work Provided: 6. Trade Secrets and/or Confidential Information Trade Secrets and/or Confidential Information: This proposal ___ (does) ___ (does not) contain trade secrets and/or confidential information. If applicable, describe such trade secrets and confidential information, and the basis for your assertion that such material qualifies for legal protection from disclosure. 7. Federal, State and/or Local Identification Information A. Centralized Master Bidders List registration number: ______________________________. B. Prime contractor HUB / MWBE registration number: ______________________________. C. An individual Bidder acting as a sole proprietor must also enter the Bidder’s Social Security Number: #_______-_______-_______. 8. Emergency Business Services Contact Notice Page 60 20 During a natural disaster, or homeland security event, there may be a need for the City of Sanger to access your business for products or services after normal business hours and/or holidays. For this purpose, a primary and secondary emergency contact name and phone number are required. It is critical the vendor’s emergency contact information remains current. City shall be contacted by E- mail with any change to a contact name or phone number of these emergency contacts. Updates may be emailed to rnolting@sangertexas.org. All products or services requested during an emergency event are to be supplied as per the established contract prices, terms and conditions. The vendor shall provide the fee (pricing) for an after -hours emergency opening of the business, if any. In general, orders will be placed using a City of Sanger City issued Purchase Order. The contractor shall provide the names, phone numbers and fee (pricing), if any, for an after -hours emergency opening of the business listed below. Business Name: _____________________________________________________________________ Contract #: _________________________________________________________________________ Description: ________________________________________________________________________ Primary Contact (Name):______________________________________________________________ Primary Contact Phone Numbers: Home: ___________________ Cell: ___________________ Secondary Contact (Name):____________________________________________________________ Secondary Contact Phone Numbers: Home: ____________________ Cell: ___________________ After Hours emergency opening fee, if applicable: $________________________________________ 9. Cooperative Governmental Purchasing Notice Other governmental entities maintaining interlocal agreements with the City, may desire, but are not obligated, to purchase goods and services defined in this RFP from the successful Bidder. All purchases by governmental entities, other than the City, will be billed directly to and paid by that governmental entity. The City will not be responsible for another governmental entity’s debts. Each governmental entity will place their own orders with the successful Bidder and be responsible for ensuring full compliance with the RFP specifications. Prior to other governmental entities placing orders, the City will notify the successful Bidder of their intent. Please indicate below if you will permit other governmental entities to purchase from your agreement with the City. [ ] Yes, Others can purchase [ ] No, Only the City can purchase Page 61 21 CONTRACT TERMS AND CONDITIONS EXCEPT WHERE BIDDER MAKES SPECIFIC EXCEPTION IN THE SUBMITTED PROPOSAL, ANY CONTRACT RESULTING FROM THIS RFP WILL CONTAIN THE FOLLOWING TERMS AND CONDITIONS, WHICH BIDDER HEREBY ACKNOWLEDGES, AND TO WHICH BIDDER AGREES BY SUBMITTING A PROPOSAL: 1. Delivery of Products and/or Services A. Payment Terms: Unless otherwise specified in the Scope of Services or otherwise agreed to in writing by the City, payment terms for the City are Net thirty (30) days upon receipt of invoice. B. Warranty of Products and Services: All products furnished under this contract shall be warranted to be merchantable and good quality and fit for the purposes intended as described in this Proposal, to the satisfaction of City and in accordance with the specifications, terms, and conditions of the Scope of Services, and all services performed shall be warranted to be of a good and workmanlike quality, in addition to, and not in lieu of, any other express written warranties provided. C. Late Delivery or Performance: If Bidder fails to deliver acceptable goods or services within the timeframes established in the Project Schedule, the City shall be authorized to purchase the goods or services from another source and assess any increase in costs to the defaulting Bidder, who agrees to pay such costs within ten days of invoice. D. Title to Goods and Risk of Loss: For goods to be provided by Bidders hereunder, if any, the title and risk of loss of the goods shall not pass to City until City actually receives, takes possession, and accepts the goods and the installation of such goods, has tested the system, and determined that it is in good and acceptable working order. 2. Miscellaneous A. Independent Contractor: Bidder agrees that Bidder and Bidder’s employees and agents have no employer-employee relationship with City. Bidder agrees that if Bidder is selected and awarded a contract, City shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, Federal or State unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will City furnish any medical or retirement benefits or any paid vacation or sick leave. B. Assignments: The rights and duties awarded the successful Bidder shall not be assigned to another without the written consent of the Parks & Recreation Superintendent. Such consent shall not relieve the assigner of liability in the event of default by the assignee. C. Liens: Bidder shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods, and services which may be provided to the City by Bidder or Bidder’s vendor(s), and if the City requests, a proper release of all liens or satisfactory evidence of freedom from l iens shall be delivered to the City. D. Gratuities / Bribes: Bidder certifies that no bribes in the form of entertainment, gifts, or otherwise, were offered or given by the successful Bidder, or its agent or representative, to any City officer, employee or elected representative, with respect to this RFP or any contract with the City, and that if any such bribe is found to have been made this shall be grounds for voiding of the contract. E. Financial Participation: Bidder certifies that it has not received compensation from the City to participate in preparing the specifications or RFP on which the Proposal is based and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate. Page 62 22 F. Required Licenses: Bidder certifies that he holds all licenses required by the State of Texas for a provider of the goods and/or services described by the Scope of Services herein. G. Authority to Submit Proposal and Enter Contract: The person signing on behalf of Bidder certifies that the signer has authority to submit the Proposal on behalf of the Bidder and to bind the Bidder to any resulting contract. H. Compliance with Applicable Law: Bidder agrees that the contract will be subject to, and Bidder will strictly comply with, all applicable federal, state, and local laws, ordinances, rules, and regulations. I. Compliance with HB 89: Bidder agrees per HB 89 vendor shall not boycott Israel at any time while providing products or services to the City of Sanger. [ ] Yes, we agree [ ] No, we do not agree [ ] N/A J. Compliance with SB 252: Bidder agrees per SB 252 vendor shall not do business with Iran, Sudan or a foreign terrorist organization while providing products or services to the City of Sanger. [ ] Yes, we agree [ ] No, we do not agree 3. Financial Responsibility Provisions Insurance: The successful Bidder shall procure and maintain in force during the terms of any contract awarded pursuant to this RFP, at its own cost, the following minimum insurance coverage: A. Workers’ Compensation and Employers’ Liability: i. State of Texas: $1,000,000 Each Accident ii. Employer’s Liability: $100,000 Each Accident $500,000 Disease-Policy Limit $100,000 Disease-Each Employee iii. Waiver of Subrogation B. Commercial General Liability: i. Bodily Injury & Property Damage with a General Aggregate Limit: $1,000,000 ii. Personal & Advertising Injury Limit $500,000 iii. Each Occurrence Limit $1,000,000 The policy shall be on an Occurrence Form and include the following coverage: Premises Operations; Personal and Advertising Injury; Medical Payments; Liability assumed under an Insured Contract; Independent Contractors; and Broad Form Property Damage. Coverage provided should be at least as broad as found in Insurance Services Office (ISO) form CG0001. C. Commercial Automobile Liability Limits: Page 63 23 i. Bodily Injury & Property Damage Combined Single Limit: $1,000,000 ii. Medical Payments: $ 5,000 Per Person iii. Uninsured/Underinsured Motorist $100,000 Prior to the execution of any awarded contract by the City, the successful Proposer shall forward Certificates of Insurance to the Purchasing Manager. The required insurance policies shall be procured and maintained in full force and effect for the duration of the awarded contract. Certificate Holder shall be the City of Sanger, Texas at 502 Elm Street, Sanger, Texas 76266. A. Indemnification: Bidder agrees to defend, indemnify and hold harmless the City, all of its officers, Council members, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys’ fees, court costs and related expenses, arising out of, connected with, or resulting from any acts or omissions of Bidder or any agent, employee, subcontractor, or supplier of Bidder in the execution or performance of this contract without regard to whether such persons are under the direction of City agents or employees. B. Texas Local Government Code Chapter 252, as amended, provides that for any contract for the construction of public works, a Proposer must execute a bond that is: (a) in the full amount of the contract price, and (b) conditioned that the contractor will faithfully perform the contract; and (c) executed, in accordance with Texas Government Code Ch. 2253, as amended, by a surety company authorized to do business in the state. 1. Texas Government Code Ch. 2253, as amended, provides that a payment bond is required if the contract is in excess of $25,000 and is to be made for the full amount of the contract. A performance bond is required if the contract is in excess of $100,000 and is to be made for the full amount of the contract. 2. The bonds are to be executed and delivered to the City prior to being recommended for award of the Contract. The bonds must be executed by a corporate surety or sureties authorized to do business in the state of Texas. For unit price contracts, the total contract price shall be estimated and calculated by multiplying the estimated quantities to the Proposer’s unit proposal price. 3. If the public works contract is less than $100,000, the performance bond will not be required as long as the contract provides that payment is not due until the work is completed and accepted by the City. Page 64 24 This Agreement shall take effect upon execution by the signatories and shall be in effect from date of execution until completed or terminated by either party with thirty (30) written notice. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers. ___________________________ City of Sanger ___________________________ ___________________________ Signed Signed ___________________________ ___________________________ Printed Name Printed Name ___________________________ ___________________________ Printed Title Printed Title ___________________________ ___________________________ Date Date Approved as to Form _________________________ City Attorney Page 65 ___________________________ Vendor 25 Conflicts of Interest The Texas Ethics Commission adopted the attached Conflict of Interest Questionnaire (Form CIQ pursuant to Texas Local Government Code Chapter 176, as amended. For questions about these forms, please see the Texas Ethics Commission at: https://ethics.state.tx.us/forms/CIQ.pdf THE FOLLOWING ARE CONSIDERED OFFICERS OF THE CITY: Local Government Officer Title Thomas Muir Mayor Marissa Barrett Councilmember Gary Bilyeu Councilmember Dennis Dillon Councilmember Allen Chick Councilmember Victor Gann Councilmember John Noblitt City Manager Alina Ciocan Assistant City Manager Jeriana Staton Human Resources Hugh Coleman City Attorney John Payne 4B Economic Development Board Eddie Piercy 4B Economic Development Board Beverly Howard 4B Economic Development Board Jeff Springer 4B Economic Development Board Carrie Bilyeu 4B Economic Development Board William Lascor 4B Economic Development Board Stephanie Wood 4B Economic Development Board Sue Allison 4A Economic Development Board Nancy McAlister 4A Economic Development Board Shannon Gann 4A Economic Development Board Drew Hall 4A Economic Development Board Christopher Kundrock 4A Economic Development Board Shani Bradshaw Economic Development Director Local Government Officer Title Ramie Hammonds Development Services Director David Pennington Fire Chief Clayton Gray Finance Director James Bolz Public Works Director Ryan Nolting Parks & Recreation Superintendent Audrey Tolle Library Director Page 66 Waylan Rhodes Police Chief 26 Kelly Edwards City Secretary Christy Dyer Court Administrator | Deputy City Secretary EXCLUSIONS: A questionnaire statement need not be filed if the money paid to a local government official was a political contribution, a gift to a member of the officer’s family from a family member; a contract or purchase of less than $2,500 or a transaction at a price and subject to terms available to the public; a payment for food, lodging, transportation or entertainment; or a transaction subject to rate or fee regulation by a governmental entity or agency. WHAT: A person or business that contracts with the City or who seeks to contract with the City must file a “Conflict of Interest Questionnaire” (FORM CIQ) which is available online at www.ethics.state.tx.us and a copy of which is attached to this guideline. The form contains mandatory disclosures regarding “employment or business relationships” with a municipal officer. Officials may be asked to clarify or interpret various portions of the questionnaire. WHEN: The person or business must file: 1. The questionnaire – no later than seven days after the date the person or business begins contract discussions or negotiations with the municipality, or submits an application, responds to a request for proposals or bids, correspondence, or other writing related to a potential contract or agreement with the City; and 2. An updated questionnaire – within seven days after the date of an event that would make a filed questionnaire incomplete or inaccurate. It does not matter if the submittal of a bid or proposal results in a contract. The statute requires a vendor to file a FORM CIQ at the time a proposal is submitted or negotiations commence. ENFORCEMENT: Failure to file a questionnaire is a Class C misdemeanor punishable by a fine not to exceed $500. It is an exception to prosecution that the person files a FORM CIQ not later than seven business days after the person received notice of a violation. Page 67 27 Appendix D – No Intent to Submit Form Appendix D – No Intent to Submit Form If your firm has chosen not to submit a proposal for this procurement, please complete this form and submit to: City of Sanger Parks & Recreation Department 502 Elm Street Sanger, Texas 76266 Please check all items that apply: • Do not sell the item(s) required • Cannot provide Insurance required • Cannot be competitive • Cannot provide Bonding required • Cannot meet specifications highlighted in the attached request • Cannot comply with Indemnification requirement • Job too large • Job too small • Do not wish to do business with the City of Sanger • Other: _____________________ Company Name (Please print): _____________________________________________ Authorized Officer Name (Please print): _______________________________________ Telephone: (_____) __________________ Fax: (_______) ________________________ Page 68 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 4.A. AGENDA MEETING DATE: March 7, 2022 TO: John Noblitt, City Manager FROM: Ramie Hammonds, Development Service Director ITEM/CAPTION: PUBLIC HEARING SANGER LODGING ADDITION ­ REPLAT Conduct a public hearing on a Replat of Block 1 Lot 1R­1 and Lot 1R­2, of the Sanger Lodging Addition, within the City of Sanger, being approximately 2.637 acres and generally located on the east side of I­35 and approximately 769 feet south of the intersection of FM 455 and I­35 frontage road. (Hammonds) AGENDA TYPE: Regular ACTION REQUESTED:  Other: Public Hearing BACKGROUND: The applicant is proposing to replat Block 1 Lot 1R­1, Lot 1R­2, of the Sanger Lodging Addition, within the City of Sanger, in order to create an additional commercial lot. The site is currently the Holiday Inn Express location. By replating the lot, it will allow for an additional commercial lot along the I­35 Frontage Rd. The site is zoned B­2. Staff mailed 29 public hearing notices to the owners within 200 feet of the subject property. No responses were received at the time of this report.  LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: Planning & Zoning took no action due to lack of quorum. FINANCIAL SUMMARY ­ FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: N/A Page 38 CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 4.A.AGENDA MEETING DATE: March 7, 2022TO: John Noblitt, City ManagerFROM: Ramie Hammonds, Development Service DirectorITEM/CAPTION:PUBLIC HEARING SANGER LODGING ADDITION ­ REPLATConduct a public hearing on a Replat of Block 1 Lot 1R­1 and Lot 1R­2, of the Sanger Lodging Addition, within theCity of Sanger, being approximately 2.637 acres and generally located on the east side of I­35 and approximately 769feet south of the intersection of FM 455 and I­35 frontage road. (Hammonds)AGENDA TYPE: RegularACTION REQUESTED:  Other: Public HearingBACKGROUND:The applicant is proposing to replat Block 1 Lot 1R­1, Lot 1R­2, of the Sanger Lodging Addition, within the City ofSanger, in order to create an additional commercial lot. The site is currently the Holiday Inn Express location. Byreplating the lot, it will allow for an additional commercial lot along the I­35 Frontage Rd. The site is zoned B­2. Staffmailed 29 public hearing notices to the owners within 200 feet of the subject property. No responses were received atthe time of this report. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:Planning & Zoning took no action due to lack of quorum.FINANCIAL SUMMARY ­ FUNDING/FISCAL IMPACT:N/AFUNDS:N/ASTAFF RECOMMENDATION/ACTION DESIRED:N/A Page 39 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 4.B. AGENDA MEETING DATE: March 7, 2022 TO: John Noblitt, City Manager FROM: Ramie Hammonds, Development Service Director ITEM/CAPTION: SANGER LODGING ADDITION ­ REPLAT Consider a Replat of Block 1 Lot 1R­1 and Lot 1R­2, of the Sanger Lodging Addition, within the City of Sanger, being approximately 2.637 acres and generally located on the east side of I­35 and approximately 769 feet south of the intersection of FM 455 and I­35 frontage road. (Hammonds) AGENDA TYPE: Regular ACTION REQUESTED:  Approval  BACKGROUND: The applicant is proposing to replat Block 1 Lot 1R­1, Lot 1R­2 2, of the Sanger Lodging Addition, within the City of Sanger, in order to create an additional commercial lot. The site is currently the Holiday Inn Express location. By replating the lot, it will allow for an additional commercial lot along the I­35 Frontage Rd. The site is zoned B­2. Staff mailed 29 public hearing notices to the owners within 200 feet of the subject property. No responses were received at the time of this report.  LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: Planning & Zoning took no action due to no quorum. FINANCIAL SUMMARY ­ FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends APPROVAL. Page 40 CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 4.B.AGENDA MEETING DATE: March 7, 2022TO: John Noblitt, City ManagerFROM: Ramie Hammonds, Development Service DirectorITEM/CAPTION:SANGER LODGING ADDITION ­ REPLATConsider a Replat of Block 1 Lot 1R­1 and Lot 1R­2, of the Sanger Lodging Addition, within the City of Sanger, beingapproximately 2.637 acres and generally located on the east side of I­35 and approximately 769 feet south of theintersection of FM 455 and I­35 frontage road. (Hammonds)AGENDA TYPE: RegularACTION REQUESTED:  Approval BACKGROUND:The applicant is proposing to replat Block 1 Lot 1R­1, Lot 1R­2 2, of the Sanger Lodging Addition, within the City ofSanger, in order to create an additional commercial lot. The site is currently the Holiday Inn Express location. Byreplating the lot, it will allow for an additional commercial lot along the I­35 Frontage Rd. The site is zoned B­2. Staffmailed 29 public hearing notices to the owners within 200 feet of the subject property. No responses were received atthe time of this report. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:Planning & Zoning took no action due to no quorum.FINANCIAL SUMMARY ­ FUNDING/FISCAL IMPACT:N/AFUNDS:N/ASTAFF RECOMMENDATION/ACTION DESIRED:Staff recommends APPROVAL. ATTACHMENTS: Description Upload Date Type Location Map 2/24/2022 Cover Memo Application 2/24/2022 Cover Memo Letter of Intent 2/24/2022 Cover Memo Replat 2/28/2022 Cover Memo Page 41 57 23 5 14 93 92 58 07 5 21 90 03 78 09 8 58 14 6 112 94 4 58 07 8 58 15 25712157201 58 03 6 58 05 1 57 08 3 58 02 6 19 98 37 57 20 7 58 05 6 57 22 3 53 65 50 53 65 49 73 35 58 I-35SERVICEI-35SERVICE N 10TH ST I-35 PECAN ST I-35 /Project Name: Sanger Lodging Replat600 N StemmonsProject: 22SANZO N-0002 0 100 20050 Fe et DISCLA IMER:This map wa s g en e ra te d by GI S da ta p ro vid edby the S a ng er GIS De pa rtme nt . Th e City o f Sanger do es n ot gu a ra n te e the c orrec tne ss oraccuracy o f a n y fe a tu re s o n th is ma p. Th ese ma pproducts are fo r illust ra tio n pu rpo se s o n ly an dare not suit ab le fo r site -s pe cific d e cision ma king .GIS dat a is su bje ct to co nst an t cha n ge s, an dmay not b e co mple te , a ccu rat e o r cu rren t.Date: 1/29 /2 02 2 4 :5 9:2 5 P MDoc Name : 2 2 SA NZON-0 00 2 _S an g erL od gin g Rep latCity L imi ts Exhi bi ts SubjectArea Page 42 Page 43 Page 44 CALLED 0.466 ACRES RICHESON RESTAURANTS COMPANY #2 VOLUME 2133, PAGE 272 R.P.R.D.C.T. FIRST TRACT JAMES RAY O'DELL DOCUMENT NO. 2002-142971 R.P.R.D.C.T. CALLED 0.26 ACRES MIKE WATKINS DOCUMENT NO. 2001-43746 R.P.R.D.C.T. SECOND TRACT JAMES RAY O'DELL DOCUMENT NO. 2002-142971 R.P.R.D.C.T. S 0 0 ° 0 7 ' 0 4 " W 1 4 0 . 1 3 ' N 2 5 ° 4 9 ' 0 2 " E 3 6 1 . 8 6 ' N 67°0 4 ' 1 1 " E 94.88 ' S 3 2 ° 3 5 ' 2 9 " E 2 2 7 . 4 7 ' N 89°49'20" E 40.03' LOT 1 BLOCK 1 SANGER LODGING ADDITION DOCUMENT NO. 2018-283 P.R.D.C.T. 23 3 . 6 9 ' 12 8 . 1 7 ' 1 7 3 . 4 0 ' 5 4 . 0 7 ' 1ƒ : POB L O T 1R-1 2.03 ACRES B L O C K 1 L O T 1R-2 0.61 ACRES CIRS CIRS CIRS CIRS CIRS 1/2"CIRF "METROPLEX 1849" 1/2"CIRF "METROPLEX 1849" 1/2" IRF 1/2"CIRF "METROPLEX 1849" 1/2" IRF TRACT II JAMES RAY O'DELL DOCUMENT NO. 2016-115090 R.P.R.D.C.T. LOT 18, BLOCK 7 BURGESS ADDITION VOLUME 187, PAGE 574 D.R.D.C.T. LOT 17, BLOCK 7 BURGESS ADDITION VOLUME 187, PAGE 574 D.R.D.C.T. LOT 16, BLOCK 7 BURGESS ADDITION VOLUME 187, PAGE 574 D.R.D.C.T. LOT 15, BLOCK 7 BURGESS ADDITION VOLUME 187, PAGE 574 D.R.D.C.T. LOT 14, BLOCK 7 BURGESS ADDITION VOLUME 187, PAGE 574 D.R.D.C.T. LOT 13, BLOCK 7 BURGESS ADDITION VOLUME 187, PAGE 574 D.R.D.C.T. LOT 12, BLOCK 7 BURGESS ADDITION VOLUME 187, PAGE 574 D.R.D.C.T. STEVIE EATON DOCUMENT NO. 1996-33167 R.P.R.D.C.T. 20 ' U T I L I T Y E A S E M E N T DO C U M E N T N O . 2 0 1 8 - 2 8 3 P.R . D . C . T . 2 0 ' U T I L I T Y E A S E M E N T D O C U M E N T N O . 2 0 1 8 - 2 8 3 P . R . D . C . T . 15' UTILITY EASEMENT DOCUMENT NO. 2018-283 P.R.D.C.T. M A P L E S T R E E T V A R I A B L E W I D T H R I G H T - O F - W A Y I N T E R S T A T E H I G H W A Y 3 5 S T E M M O N S F R E E W A Y VA R I A B L E W I D T H R I G H T - O F - W A Y LOT 2, BLOCK A RAY ROBERTS PLAZA CABINET O, PAGE 180 P.R.D.C.T. CALLED 0.208 ACRES TRACT II TEK-CO PROPERTIES, LLC DOCUMENT NO. 2016-104339 R.P.R.D.C.T. LOT 1B, BLOCK A RAY ROBERTS PLAZA DOCUMENT NO. 2012-103 P.R.D.C.T. LOT 1A, BLOCK A RAY ROBERTS PLAZA DOCUMENT NO. 2012-103 P.R.D.C.T. N 88°44'16" W 500.35' C1 C2 HENRY TIE R W E S T E R S U R V E Y , ABSTRACT N O . 1 2 4 1 N:7182004.97 E:2372012.46 N:7181875.86 E:2371511.95 CL CL CL CL C L C L C L C L C L C L C L C L C L C L C L C L C L CL CL CL 82 ' D R A I N A G E / D E T E N T I O N E A S E M E N T VARIABLE WIDTH MUTUAL ACCESS EASEMENT 2 0 ' D R A I N A G E E A S E M E N T 20' BUILDING SETBACK 20 ' B U I L D I N G S E T B A C K 20 ' B U I L D I N G S E T B A C K 2 0 ' B U I L D I N G S E T B A C K 20' BU I L D I N G S E T B A C K 20 ' B U I L D I N G S E T B A C K 10' BUILDING SETBACK 10' BUILDING SETBACK C 3 C4 C5 C6 L1 L2 L3 L4 38 . 9 3 ' 30.00' 13 . 8 3 ' 29.69' 6   ƒ       :         44.40 ' 82.02' L 5 C 7 22 . 9 1 ' 23.89' Drafter Project Date 1.) The purpose of this replat is to split the existing lot into two separate lots. 2.)This property is located in "Non-shaded Zone X" according to the F.E.M.A. Flood Insurance Rate Map dated April 18, 2011 as shown on Map Number 48121C0210G. 3.)The grid coordinates shown on this plat are based on GPS observations utilizing the AllTerra RTKNET Cooperative network. NAD 83(2011) State Plane Coordinate System (Texas North Central Zone - 4202). 4.)Notice: Selling a portion of this addition by metes and bounds is a violation of City Ordinance and State Law, and is subject to fines and withholding of utilities and building permits. 5.) All interior property corners are marked with a 1/2-inch iron rod with a green plastic cap stamped "EAGLE SURVEYING" unless noted otherwise. 6.)The bearings shown on this plat are based on GPS observations utilizing the AllTerra RTKNET Cooperative network. NAD 83(2011) Datum. 7.)Water and Sanitary Sewer, are provided by the City of Sanger, PO Box 1729, Sanger, TX 76266, 940-458-2571. Electric Service is provided by Sanger Electric Utilities, 202 Railroad Ave., Sanger, TX 76266, 940-458-2064. 8.)All lots comply with the minimum size requirements of the zoning district. 9.) This property may be subject to charges related to impact fees and the applicant should contact the City regarding any applicable fees due. 10.) All common areas, drainage easements, and detention facilities will be owned and maintained by teh HOA/POA. Any common area with in the City's right-of-way will require a facilities agreement, to be reviewed and approved by the City. 11.) This plat does not alter or remove existing deed restrictions, if any, on this property. 12.) Minimum finished floor elevations are at least 2 feet above the 100 year floodplain. 13.)This property is zoned B-2. GENERAL NOTES TR 04/28/2020 2003.042-01 VICINITY MAP (NOT TO SCALE) REPLAT SANGER LODGING ADDITION LOTS 1R-1 & 1R-2, BLOCK 1 2.64 ACRES 2 LOTS REPLAT OF LOT 1, BLOCK 1 OF SANGER LODGING ADDITION, RECORDED IN DOCUMENT NO. 2018-283 P.R.D.C.T., HENRY TIERWESTER SURVEY, ABSTRACT No. 1241, CITY OF SANGER, DENTON COUNTY, TEXAS EAGLE SURVEYING, LLC 210 S. Elm Street, Suite: 104 Denton, TX 76201 (940) 222-3009 TX Firm #10194177 SURVEYOR Eagle Surveying, LLC Contact: Tyler Rank 210 S. Elm Street, Suite: 104 Denton, TX 76201 (940) 222-3009 OWNER Sanger Lodging, LLC Contact: Dev Surati 1400 N Stemmons Freeway Sanger, TX 76266 (940) 206-2001 PAGE 1 OF 1 N 1" = 40' 0 4020 OWNER'S CERTIFICATE & DEDICATION STATE OF TEXAS § COUNTY OF DENTON § We, the undersigned owner of the land shown on this plat within the area described by metes and bounds as follows: Being a 2.64 acre tract of land situated in the Tierwester Survey, Abstract Number 1241, Denton County, Texas and being all of Lot 1, Block 1 of Sanger Lodging Addition, recorded in Document Number 2018-283 of the Plat Records of Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNINGDWD´LURQURGZLWKFDSVWDPSHG³0(7523/(;´IRXQGDWWKH1RUWKHDVWFRUQHURIVDLG Sanger Lodging Addition and the common Northwest corner of Lot 12, Block 7 of the Burgess Addition, recorded in Volume 187, Page 574 of the Plat Records of Denton County, Texas and also being in the South Right-of-Way (R.O.W.) line of Maple Street (a variable width R.O.W.); THENCE6ƒ :ZLWKWKH(DVWOLQHRIVDLG6DQJHU/RGJLQJ$GGLWLRQDQGWKHFRPPRQ:HVWOLQHRI VDLG/RW%ORFNDGLVWDQFHRIIHHWWRD´LURQURGZLWKFDS VWDPSHG³0(7523/(;´IRXQGDWWKH6RXWKHDVWFRUQHURIVDLG6DQJHU/RGJLQJ$GGLWLRQDQGWKH common Southwest corner of said Lot 12, Block 7 and also being in the North line of a tract of land described in deed to Stevie Eaton recorded in Document Number 1996-33167 of the Real Property Records of Denton County, Texas; THENCE1ƒ :ZLWKWKH6RXWKOLQHRIVDLG6DQJHU/RGJLQJ$GGLWLRQDGLVWDQFHRIIHHWWR D´LURQURGZLWKFDSVWDPSHG³0(7523/(;´IRXQGDWWKH6RXWKZHVWFRUQHURIVDLG6DQJHU Lodging Addition and the common Northwest corner of a tract of land described in deed to Richeson Restaurants Company #2 and also being in the East R.O.W. line of Interstate Highway 35/Stemmons Freeway (a variable width R.O.W.); THENCE1ƒ (ZLWKWKH:HVWOLQHRIVDLG6DQJHU/RGJLQJ$GGLWLRQDQGWKHFRPPRQ(DVW 52:OLQHRIVDLG,QWHUVWDWH+LJKZD\6WHPPRQV)UHHZD\DGLVWDQFHRIIHHWWRD´LURQURG found at the Northwest corner of said Sanger Lodging Addition, at the intersection of the East R.O.W. line of said Interstate Highway 35/Stemmons Freeway and the South R.O.W. line of said Maple Street; THENCE with the North line of said Sanger Lodging Addition and the South R.O.W. line of said Maple Street the following courses and distances; 1ƒ (DGLVWDQFHRIIHHWWRD´LURQURGIRXQG :LWKDQRQWDQJHQWFXUYHWRWKHULJKWKDYLQJDUDGLXVRIIHHWDGHOWDDQJOHRIƒ DFKRUG EHDULQJRI6ƒ (DFKRUGOHQJWKRIIHHWDQGDQDUFOHQJWKRIIHHWWRD´LURQURG found; 6ƒ (DGLVWDQFHRIIHHWWRD´LURQURGZLWKFDSVWDPSHG³($*/( 6859(<,1*´VHW :LWKDQRQWDQJHQWFXUYHWRWKHOHIWKDYLQJDUDGLXVRIIHHWDGHOWDDQJOHRIƒ DFKRUG EHDULQJRI6ƒ (DFKRUGOHQJWKRIIHHWDQGDQDUFOHQJWKRIIHHWWRD´LURQURG ZLWKFDSVWDPSHG³($*/(6859(<,1*´VHW 1ƒ (DGLVWDQFHRIIHHWWRWKHPOINT OF BEGINNING and containing 2.64 acres of land more or less. NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS: THAT SANGER LODGING, LLC, acting herein by and through its duly authorized officer does hereby adopt this plat designating the hereinabove described property as SANGER LODGING ADDITION an addition to the City of Sanger, Texas, and does hereby dedicate to the public use forever by fee simple title, free and clear of all liens and encumbrances, all streets, thoroughfares, alleys, fire lanes, drive aisles, parks, and watercourses, and to the public use forever easements for sidewalks, storm drainage facilities, utilities, and any other property necessary to serve the plat and to implement the requirements of the subdivision regulations and other City codes and do hereby bind ourselves, our heirs, successors and assigns to warrant and to forever defend the title on the land so dedicated. Further, the undersigned covenants and agrees that he/she shall maintain all easements and facilities in a state of good repair and functional condition at all times in accordance with City codes and regulations. No buildings, fences, trees, shrubs, or other improvements or growths shall be constructed or placed upon, over, or across the easements as shown, except that landscape improvements may be installed, if approved by the City of Sanger. The City of Sanger and public entities shall have the right to access and maintain all respective easements without the necessity at any time of procuring permission from anyone. WITNESS MY HAND THIS _____ DAY OF __________, 2022. SANGER LODGING, LLC, a Texas limited liability company, owner BY: ____________________________________________________ Dev Surati Date Managing Member STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared DEV SURATI, Managing Member of SANGER LODGING, LLC, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF THE OFFICE this _______ day of _______________________, 2021. _______________________________________ Notary Public in and for the State of Texas = CAPPED IRON ROD FOUNDCIRF DEED RECORDSD.R.D.C.T.DENTON COUNTY, TEXAS= REAL PROPERTY RECORDSR.P.R.D.C.T.DENTON COUNTY, TEXAS= LEGEND = POINT OF BEGINNINGPOB PRELIMINARY this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document = CAPPED IRON ROD SETCIRS APPROVED AND ACCEPTED CITY OF SANGER DENTON COUNTY, TEXAS ______________________________________ ___________________________ Chairman, Planning & Zoning Commission Date Mayor, City of Sanger, Texas ______________________________________ ___________________________ Thomas Muir Date Mayor, City of Sanger, Texas ATTEST: _______________________________________ ____________________________ Kelly Edwards, City Secretary Date City of Sanger, Tx CERTIFICATE OF SURVEYOR STATE OF TEXAS § COUNTY OF DENTON § I, MATTHEW RAABE, Registered Professional Land Surveyor, do hereby certify that this plat was prepared from an actual survey made on the ground and that the monuments shown hereon were found or placed with 1/2-inch iron rods with green plastic caps stamped "EAGLE SURVEYING" under my direction and supervision in accordance with the current provisions of the Texas Administrative Code and the Ordinances of the City of Sanger, Denton County, Texas. ________________________________ Matthew Raabe, R.P.L.S. # 6402 __________________________ Date STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared MATTHEW RAABE, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF THE OFFICE this ________ day of _________________________, 2021. ___________________________________________ Notary Public in and for the State of Texas PLAT RECORDSP.R.D.C.T.DENTON COUNTY, TEXAS= 455 35 SITE LOCATION FI F T H S T TE N T H S T PECAN ST MAPLE ST WILLOW ST KE A T O N R D Revised 02/09/2022 LINE TABLE LINE BEARING DISTANCE L1 1ƒ :10.00' L2 6ƒ :16.86' L3 1ƒ (34.22' L4 6ƒ (31.45' L5 6ƒ (67.46' CURVE TABLE CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH C1 33.82'24.76'ƒ 6ƒ (31.25' C2 74.09'76.57'ƒ 6ƒ (71.23' C3 11.01'30.00'ƒ 1ƒ :10.95' C4 23.71'14.24'ƒ 6ƒ :21.06' C5 60.34'30.00'ƒ 1ƒ (50.67' C6 11.01'30.00'ƒ 6ƒ (10.95' C7 50.36'96.57'ƒ 6ƒ (49.79' Page 45 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 4.C. AGENDA MEETING DATE: March 7, 2022 TO: John Noblitt, City Manager FROM: Ramie Hammonds, Development Service Director ITEM/CAPTION: VINSON ACRES ADDITION ­ MINOR PLAT Consider a Minor Plat of Lot 1, Block A of Vinson Acres Addition, being 9.728 acres, in the City of Sanger’s ETJ, and generally located on Sam Bass Rd, 1804 feet south of FM 455. (Hammonds) AGENDA TYPE: Regular ACTION REQUESTED:  Approval  BACKGROUND: The applicant is proposing to create 1 lot of 9.728 acres, from 2 unplatted tracts. The lot currently has access from Sam Bass Rd and will have approximately 493 feet of frontage on the public ROW. The applicant is dedicating 0.269 acres of right­of­way along Sam Bass Rd. The property is located in the City of Sanger ETJ and therefore no zoning regulations apply. The property meets City of Sanger Subdivision Regulations. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: Planning & Zoning took no action due to lack of quorum. FINANCIAL SUMMARY ­ FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends APPROVAL. Page 46 CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 4.C.AGENDA MEETING DATE: March 7, 2022TO: John Noblitt, City ManagerFROM: Ramie Hammonds, Development Service DirectorITEM/CAPTION:VINSON ACRES ADDITION ­ MINOR PLATConsider a Minor Plat of Lot 1, Block A of Vinson Acres Addition, being 9.728 acres, in the City of Sanger’s ETJ, andgenerally located on Sam Bass Rd, 1804 feet south of FM 455. (Hammonds)AGENDA TYPE: RegularACTION REQUESTED:  Approval BACKGROUND:The applicant is proposing to create 1 lot of 9.728 acres, from 2 unplatted tracts. The lot currently has access fromSam Bass Rd and will have approximately 493 feet of frontage on the public ROW. The applicant is dedicating 0.269acres of right­of­way along Sam Bass Rd. The property is located in the City of Sanger ETJ and therefore no zoningregulations apply. The property meets City of Sanger Subdivision Regulations.LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:Planning & Zoning took no action due to lack of quorum.FINANCIAL SUMMARY ­ FUNDING/FISCAL IMPACT:N/AFUNDS:N/ASTAFF RECOMMENDATION/ACTION DESIRED:Staff recommends APPROVAL. ATTACHMENTS: Description Upload Date Type Location Map 2/28/2022 Cover Memo Application 2/24/2022 Cover Memo Letter of Intent 2/24/2022 Cover Memo Minor Plat 2/28/2022 Cover Memo Page 47 12 28 08 52 76 44 59 76 6 76 73 1 57 68 2 16 31 01 99 06 7 57 69 2 57 70 1 12 28 03 57 74 2 59 75 4 57 70 8 57 69 4 20 43 14 20 43 15 76 43 7 113 14 0 15 53 18 15 53 17 16 31 00 57 64 9 57 65 6 57 76 2 57 76 5 13 26 01 56 40 7 S A M B A SS RD /Project Name: Vinson Acres AddnMinor PlatProject: 22SANZO N-0004 0 200 400100 Fe et DISCLA IMER:This map wa s g en e ra te d by GI S da ta p ro vid edby the S a ng er GIS De pa rtme nt . Th e City o f Sanger do es n ot gu a ra n te e the c orrec tne ss oraccuracy o f a n y fe a tu re s o n th is ma p. Th ese ma pproducts are fo r illust ra tio n pu rpo se s o n ly an dare not suit ab le fo r site -s pe cific d e cision ma king .GIS dat a is su bje ct to co nst an t cha n ge s, an dmay not b e co mple te , a ccu rat e o r cu rren t.Date: 1/29 /2 02 2 5 :0 6:1 3 P MDoc Name : 2 2 SA NZON-0 00 4 _V in so nA cre sAd dn _Min o rPla tCity L imi ts Exhi bi ts SubjectArea Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Letter of Intent Project Name: Vinson Acres Addition Project Type: Minor Plat Owner Information: Clinton Joseph Vinson & Chelsea Anne Vinson 8802 Bernard Rd Sanger, TX 76266 (214) 998-9454 cvinson@meritprofessional.com Plat Prepared By: Daniel Hogg PLS, Inc. 1200 S. Woodrow Ln, Ste. 200 Denton, TX 76205 (940) 808-1191 d.hogg@plswf.com To whom it may concern, The owners of a called 10.00 acre tract of land located on Sam Bass Road, within the Extra-Territorial Jurisdiction of the City of Sanger, TX, wish to plat said property into a single residential lot for the purpose of building a home. The property is located approximately 4 miles West of the City of Sanger This letter is to server as request for the aforementioned Minor Plat to be reviewed and considered by the appropriate approval body of the City of Sanger, TX. Page 58 SURVEYOR'S CERTIFICATE STATE OF TEXAS DENTON COUNTY MINOR PLAT LOT 1, BLOCK A VINSON ACRES ADDITION 9.997 ACRES GROSS (435,488 SQ. FT.) 9.615 ACRES (418,844 SQ. FT.) IN 1 RESIDENTIAL LOT 0.382 OF AN ACRE (16,645 SQ. FT.) R.O.W. DEDICATION J. WEST SURVEY, ABSTRACT NO. 1428 M. ROLLS SURVEY, ABSTRACT NO. 1096 CITY OF SANGER E.T.J. DENTON COUNTY, TEXAS DATE OF PREPARATION: FEBRUARY 28, 2022 SURVEYOR: JOE C. VAUGHN, JR. TEXAS R.P.L.S. NO. 5926 PIPELINE LAND SERVICES, INC. (940) 808 - 1191 1200 S. WOODROW LN. #200 DENTON, TX 76205 FIRM REGISTRATION NO: 10129300 LAND OWNERS: CLINTON JOSEPH VINSON CHELSEA ANNE VINSON 8802 BERNARD ROAD SANGER TEXAS, 76266 (214) 998-9454 STATE OF TEXAS DENTON COUNTY APPROVED AND ACCEPTED: SITE STATE OF TEXAS DENTON COUNTY POB N:7178780.04 E:2360159.14 CLINTON JOSEPH VINSON AND CHELSEA ANNE VINSON CALLED 10.00 ACRES INST. NO. 2021-16100 O.R.D.C.T. N:7179271.46 E:2360168.72 Z: \ 2 0 2 1 \ C l i n t V i n s o n \ T B D S a m B a s s R o w \ P l a t \ T B D S a m B a s s R o a d - P L A T . d w g Page 59 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 4.D. AGENDA MEETING DATE: March 7, 2022 TO: John Noblitt, City Manager FROM: Alina Ciocan, Assistant City Manager ITEM/CAPTION: ORDINANCE 02­05­22 ­ WASTE FROM TREE AND SHRUB TRIMMING Consider Ordinance 02­05­22 amending Chapter 6 "Health and Sanitation", Article 6.500, Section 6.513 "Waste from Tree and Shrub Trimming". (Noblitt) AGENDA TYPE: Regular ACTION REQUESTED:  Approval  BACKGROUND: In November 2021, staff presented to City Council an overview of the current brush program as well as a proposed approach moving forward. As a result of this, the current ordinance pertaining to waste from tree and shrub trimming needs to be revised. The proposed ordinance will replace the current ordinance to reflect several changes to the guidelines for brush pick­ up. The most significant changes are outlined below: ­ brush pick­up services are available to residential customers only; multi­family residential complexes and RV parks are not eligible for this service. ­ limitations on the size and amount of brush that can be placed for pick­up (up to 4 cubic yards; less than 8 feet in length and 8 inches in diameter) ­ frequency of pick­up services (one order per month per address) LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: Ordinance was reviewed by the City Attorney. FINANCIAL SUMMARY ­ FUNDING/FISCAL IMPACT: N/A FUNDS: Page 60 CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 4.D.AGENDA MEETING DATE: March 7, 2022TO: John Noblitt, City ManagerFROM: Alina Ciocan, Assistant City ManagerITEM/CAPTION:ORDINANCE 02­05­22 ­ WASTE FROM TREE AND SHRUB TRIMMINGConsider Ordinance 02­05­22 amending Chapter 6 "Health and Sanitation", Article 6.500, Section 6.513 "Waste fromTree and Shrub Trimming". (Noblitt)AGENDA TYPE: RegularACTION REQUESTED:  Approval BACKGROUND:In November 2021, staff presented to City Council an overview of the current brush program as well as a proposedapproach moving forward. As a result of this, the current ordinance pertaining to waste from tree and shrub trimmingneeds to be revised.The proposed ordinance will replace the current ordinance to reflect several changes to the guidelines for brush pick­up. The most significant changes are outlined below:­ brush pick­up services are available to residential customers only; multi­family residential complexes and RV parksare not eligible for this service.­ limitations on the size and amount of brush that can be placed for pick­up (up to 4 cubic yards; less than 8 feet in lengthand 8 inches in diameter)­ frequency of pick­up services (one order per month per address)LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:Ordinance was 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 Proposed Ordinance 02­05­22 2/28/2022 Cover Memo Current Section 2/28/2022 Cover Memo Page 61 Ordinance – Brush Pick-Up Page 1 of 3 CITY OF SANGER, TEXAS ORDINANCE 02-05-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING CHAPTER 6 “HEALTH AND SANITATION”, ARTICLE 6.500, SECTION 6.513 “WASTE FROM TREE AND SHRUB TRIMMING”; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE IN ACCORDANCE WITH SECTION 1.109 OF THE CODE OF ORDINANCE FOR VIOLATIONS; AND PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; 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 of Sanger provides free tree and brush pick-up services to customers paying for garbage pick-up services within the city; and WHEREAS, the City Council finds it necessary for the public health, safety, and welfare that the free tree and brush pick-up occur in a neat, orderly, and efficient manner; and WHEREAS, the City Council has found that the tree and brush pick-up program, which is currently provided by the Parks Department, is not sustainable in its current format; and WHEREAS, in order to continue to provide these services, the Council has determined that certain regulations should be placed on the operation and utilization of such services; and WHEREAS, the City Council would like to evaluate the cost-effectiveness and efficiency of the brush program within twelve months of the new regulations being implemented; WHEREAS, the City Council finds that the passage of this Resolution 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: SECTION 1. That the above and foregoing premises are true and correct and are incorporated herein and made a part hereto for all purposes. SECTION 2. That an amendment to the Code of Ordinances Chapter 6, Article 6.500, Section 6.513 “Waste from tree and shrub trimming” of the Code of Ordinances is hereby amended in its entirety to read as follows: Page 62 Ordinance – Brush Pick-Up Page 2 of 3 (a) Brush pick-up services shall be available to residential customers at no charge provided they have a utility account in good standing with the City of Sanger. These services are intended for the removal of normal pruning and downed limbs with the following limitations: (1) Monthly collection is available for up to four (4) cubic yards of tree limbs, branches and other loose brush provided that it is less than eight (8) feet in length and eight (8) inches in diameter. All limbs greater than one (1) inch in diameter must be cut off from the main branch and less than eight (8) feet in length. Brush in excess of four (4) cubic yards may be picked up at an additional charge that will be added to the utility bill. (2) Only one order per month will be processed per address. Pick-up will occur on the assigned day for the neighborhood. Requests for pick-up shall be made by 5:00 pm three (3) days in advance of pick-up day. Tree limbs and brush shall be placed no earlier than a week before scheduled pick-up day. Inclement weather may delay scheduled pick-up. (3) Tree limbs and brush must be placed adjacent to the out of street right-of-way with the cut section toward the street. Residents shall avoid overhead obstruction and utility facilities as well as parking vehicles near the piles. (4) No shrubs with root systems, stumps, whole or large portions of trees shall be placed for pick-up. (5) All other yard waste shall be disposed of according to the guidelines posted on the City’s website. (b) No material generated at a location other than the residence from which is collected shall be placed for pick-up. Limbs on trailers will not be picked up. (c) No material generated by a hired, commercial, or contracted person or service shall be placed for pick-up. (d) Multi-family residential complexes and RV parks are not eligible for this service. SECTION 3. 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 4. 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. Page 63 Ordinance – Brush Pick-Up Page 3 of 3 SECTION 5. That this Ordinance shall be cumulative of all other City Ordinances and all other provisions of other Ordinances adopted by the City which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 6. Any person, firm or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in the Code of Ordinances, Section 1.109 General Penalty for Violations of Code. SECTION 7. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such case provides. PASSED AND APPROVED by the City Council of the City of Sanger, Texas, on this 7th day of March 2022. APPROVED: ________________________________ ATTEST: Thomas E. Muir, Mayor ________________________________ APPROVED TO FORM: Kelly Edwards, City Secretary ________________________________ Hugh Coleman, City Attorney Page 64 Sec. 6.513 Waste From Tree and Shrub Trimming (a) Customers currently paying for garbage pickup service are entitled to free tree and brush pickup with the following limitations. This service is intended for the removal of normal pruning and disposal of downed limbs. This service is not intended for the disposal of trees and brush removed for construction. If a professional contractor is hired, all limbs and brush shall be disposed of by the contractor. Only two orders per month will be processed per address. Large volumes of material will be charged an additional fee. The limitations are: (1) Limbs and brush must be cut in manageable lengths and placed by the roadside. Do not place limbs and brush in the street. Limbs shall be placed with the cut section toward the street. Limbs over one inch in diameter must be cut from the main branch. No limbs over eight inches in diameter can be chipped. (2) Only limbs and brush from the property owners own property will be picked up. Limbs on trailers will not be picked up. (3) Stumps must be cut in sections weighing less than fifty pounds and placed by the roadside. (4) Crews are only allowed thirty minutes per job. If the job exceeds thirty minutes, the customer will be notified and arrangements made to finish the job at a later date. Cost of removal after thirty minutes will be thirty dollars ($30.00) for the next thirty minutes and fifteen dollars ($15.00) for each succeeding fifteen minutes. (5) Vines, leaves, garden plants, small bushes and grass shall be bagged and placed for pickup with your household trash. (6) Special arrangements must be made to pick up limbs over eight inches in diameter and stumps and roots over fifty pounds. The charge for picking up these items shall be a minimum of seventy-five dollars ($75.00) for the first thirty minutes and seventy-five dollars ($75.00) for each following thirty- minute interval. (Ordinance 11-22-13 adopted 11/4/13) (b) Upon request by the owner or occupant of a tract of land, the city will remove tree trimmings and/or brush debris resulting from storm damage or created by such owner or occupant of the residence or business as a result of tree and shrub pruning and trimming. The trimmings and/or brush debris must be placed adjacent to the street right-of-way. (Ordinance 04-10-04 adopted 4/19/04) Page 65 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 5.A. AGENDA MEETING DATE: March 7, 2022 TO: John Noblitt, City Manager FROM: Waylan Rhodes, Chief of Police ITEM/CAPTION: 2021 RACIAL PROFILING REPORT AGENDA TYPE: Regular ACTION REQUESTED:   BACKGROUND: House Bill 3389 Code of Criminal Procedure Article 2.131 – 2.138, requires that all Texas Law Enforcement agencies must report racial profiling data to TCOLE (Texas Commission On Law Enforcement) as well as their governing body.  This report reflects that the Sanger Police Department professionally represents the law enforcement profession by fair and impartial law enforcement practices toward persons of all races and ethnical backgrounds. This report was successfully filed with TCOLE on February 23, 2022 by electronic submission.  LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A FINANCIAL SUMMARY ­ FUNDING/FISCAL IMPACT: N/A FUNDS: N/A Page 66 CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 5.A.AGENDA MEETING DATE: March 7, 2022TO: John Noblitt, City ManagerFROM: Waylan Rhodes, Chief of PoliceITEM/CAPTION:2021 RACIAL PROFILING REPORTAGENDA TYPE: RegularACTION REQUESTED:  BACKGROUND:House Bill 3389 Code of Criminal Procedure Article 2.131 – 2.138, requires that all Texas Law Enforcement agenciesmust report racial profiling data to TCOLE (Texas Commission On Law Enforcement) as well as their governing body. This report reflects that the Sanger Police Department professionally represents the law enforcement profession by fairand impartial law enforcement practices toward persons of all races and ethnical backgrounds.This report was successfully filed with TCOLE on February 23, 2022 by electronic submission. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:N/AFINANCIAL SUMMARY ­ FUNDING/FISCAL IMPACT:N/AFUNDS:N/A STAFF RECOMMENDATION/ACTION DESIRED: Review the annual report. ATTACHMENTS: Description Upload Date Type 2021 Racial Profiling Report 2/28/2022 Cover Memo Page 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 76 Page 77 Page 78 Page 79 Page 80 Page 81 Page 82