AGENDA FOR THE WORK MEETING - Springville City

THIS AGENDA IS SUBJECT TO CHANGE WITH A MINIMUM OF 24-HOURS NOTICE

CERTIFICATE OF POSTING The undersigned duly appointed City Recorder of Springville City, does hereby certify that the above notice and agenda was posted within the Springville City limits on July 17, 2015 at Springville City Hall, on the City Hall Notice Board, on the Springville City website at www.springville.org/agendasminutes on the Utah Public Notice Website at http://www.utah.gov/pmn/index.html and provided to at least one newspaper of general circulation within the geographic jurisdiction of the public body /s/ Kim Rayburn, City Recorder In compliance with the Americans with Disabilities Act, the City will make reasonable accommodations to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Recorder at (801) 489-2700 at least three business days prior to the meeting.

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AGENDA FOR THE WORK / STUDY MEETING OF THE CITY COUNCIL

OF THE CITY OF SPRINGVILLE, UTAH COUNCIL CHAMBERS, 110 SOUTH MAIN STREET

JULY 21, 2015 – 5:15 P.M. AMENDED JULY 17, 2015 AT 2:31 PM

MAYOR AND COUNCIL DINNER – 4:45 P.M. The Mayor and Council will meet in the Council Work Room for informal discussion and dinner. No action will be taken on any items. CALL TO ORDER- 5:15 P.M. COUNCIL BUSINESS

1. Calendar • July 24 – Pioneer Day (City Offices Closed) • July 27 – Springville World Folkfest, Street Dance 8:00 p.m. at the Springville

Museum of Art, 126 East 400 South • August 04, 2015 – Work/Study Meeting 5:15 p.m., City Council Meeting 7:00 p.m. • August 11 – Work/Study Meeting 5:15 p.m. • August 18 – Work/Study Meeting 5:15 p.m., City Council Meeting 7:00 p.m. • September 7 – Labor Day (City Offices Closed)

2. Discussion on this evening’s Regular Meeting agenda items

a) Invocation – Councilmember Creer b) Pledge of Allegiance – Councilmember Conover c) Consent Agenda

1. Approval of City purchase orders required to be signed per Springville City Code §2-10-110(5)

2. Approval of Minutes – February 17, 2015; March 03, 2015 for the Regular City Council meetings

3. Approval of Ivory Development, LLC seeking Final Approval for the Miner’s Grove Subdivision, Plats ‘B’ and ‘C’ located at approximately 950 West 1150 South in the R1-10 Single-Family Residential and WF-1 Westfield’s Overlay Zones – Fred Aegerter, Community Development

4. Reappointment of Brian Park to the Airport Board 5. Appointment of Denise Pickering, Adrienne Ottley and Chantel Daines to the

Library Board of Directors

http://www.springville.org/agendasminutes

http://www.utah.gov/pmn/index.html


CERTIFICATE OF POSTING The undersigned duly appointed City Recorder of Springville City, does hereby certify that the above notice and agenda was posted within the Springville City limits on July 17, 2015 at Springville City Hall, on the City Hall Notice Board, on the Springville City website at www.springville.org/agendasminutes on the Utah Public Notice Website at http://www.utah.gov/pmn/index.html and provided to at least one newspaper of general circulation within the geographic jurisdiction of the public body /s/ Kim Rayburn, City Recorder In compliance with the Americans with Disabilities Act, the City will make reasonable accommodations to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Recorder at (801) 489-2700 at least three business days prior to the meeting.

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6. Approval of the Spanish Fork/Springville Airport Contract Change Order II with Goran, LLC revising the Notice to Proceed Date

7. Public utilities easement acceptance from JJAM Properties LLC, and Wendell Grant & Arlene B. Erdmann as part of the 400 South & 800 East/Brookside Intersection Realignment – Brad Stapley, Public Works Director

3. DISCUSSIONS/PRESENTATIONS a) Discussion on Community needs for recreation fields – Corey Merideth, Recreation

Director b) Long term planning for the completion of parks as they relate to impact fees – John

Penrod, Assistant City Administrator/City Attorney; Alex Roylance, Building and Grounds Director

c) Discussion on possible Grant Application with Utah County – Corey Merideth, Recreation Director

d) Training – Finance Department, Bruce Riddle Finance Director

4. MAYOR, COUNCIL, AND ADMINISTRATIVE REPORTS

5. CLOSED SESSION The Springville City Council may temporarily recess the regular meeting and convene in a closed session to discuss pending or reasonably imminent litigation, and the purchase, exchange, or lease of real property, as provided by Utah Code Annotated §52-4-205

ADJOURNMENT




This meeting was noticed in compliance with Utah Code 52-4-202 on July 16, 2015. Agendas and minutes are accessible through the Springville City website at www.springville.org/agendasminutes. Council Meeting agendas are available through the Utah Public Meeting Notice website at http://www.utah.gov/pmn/index.html. Email subscriptions to Utah Public Meeting Notices are available through their website. - Kim Rayburn, City Recorder The next regular Council Meeting will be held on August 04, 2015 at 7:00 p.m. in the Civic Center Council Chambers, 110 South Main Street, Springville, unless otherwise noticed. In compliance with the Americans with Disabilities Act, the City will make reasonable accommodations to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Recorder at (801) 489-2700 at least three business days prior to the meeting. *The Consent Agenda consists of items that are administrative actions where no additional discussion is needed. When approved, the recommendations in the staff reports become the action of the Council. The Agenda provides an opportunity for public comment. If after the public comment the Council removes an item from the consent agenda for discussion, the item will keep its agenda number and will be added to the regular agenda for discussion, unless placed otherwise by the Council.

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AGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL

OF THE CITY OF SPRINGVILLE, UTAH COUNCIL CHAMBERS, 110 SOUTH MAIN STREET

JULY 21, 2015 – 7:00 P.M. AMENDED JULY 17, 2015 AT 2:31 PM

CALL TO ORDER

INVOCATION AND PLEDGE APPROVAL OF THE MEETING’S AGENDA MAYOR’S COMMENTS

PUBLIC COMMENT: Audience members may bring any item not on the agenda to the Mayor and Council’s attention. Please complete and submit a “Request to Speak” form. Comments will be limited to two or three minutes, at the discretion of the Mayor. State Law prohibits the Council from acting on items that do not appear on the agenda. CONSENT AGENDA*

1. Approval of City purchase orders required to be signed per Springville City Code §2-10-110(5)

2. Approval of Minutes – February 17, 2015; March 03, 2015 for the Regular City Council meetings

3. Approval of Ivory Development, LLC seeking Final Approval for the Miner’s Grove Subdivision, Plats ‘B’ and ‘C’ located at approximately 950 West 1150 South in the R1-10 Single-Family Residential and WF-1 Westfield’s Overlay Zones – Fred Aegerter, Community Development

4. Reappointment of Brian Park to the Airport Board 5. Appointment of Denise Pickering, Adrienne Ottley and Chantel Daines to the Library

Board of Directors 6. Approval of the Spanish Fork/Springville Airport Contract Change Order II with Goran,

LLC revising the Notice to Proceed Date 7. Public utilities easement acceptance from JJAM Properties LLC, and Wendell Grant &

Arlene B. Erdmann as part of the 400 South & 800 East/Brookside Intersection Realignment – Brad Stapley, Public Works Director




This meeting was noticed in compliance with Utah Code 52-4-202 on July 16, 2015. Agendas and minutes are accessible through the Springville City website at www.springville.org/agendasminutes. Council Meeting agendas are available through the Utah Public Meeting Notice website at http://www.utah.gov/pmn/index.html. Email subscriptions to Utah Public Meeting Notices are available through their website. - Kim Rayburn, City Recorder The next regular Council Meeting will be held on August 04, 2015 at 7:00 p.m. in the Civic Center Council Chambers, 110 South Main Street, Springville, unless otherwise noticed. In compliance with the Americans with Disabilities Act, the City will make reasonable accommodations to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Recorder at (801) 489-2700 at least three business days prior to the meeting. *The Consent Agenda consists of items that are administrative actions where no additional discussion is needed. When approved, the recommendations in the staff reports become the action of the Council. The Agenda provides an opportunity for public comment. If after the public comment the Council removes an item from the consent agenda for discussion, the item will keep its agenda number and will be added to the regular agenda for discussion, unless placed otherwise by the Council.

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REGULAR AGENDA 8. Consideration of awarding the 2015-2016 Micro Surfacing contract for various

Springville City roads in the amount of $453,367.78 to the low bidder American Pavement Preservation

MAYOR, COUNCIL AND ADMINISTRATIVE REPORTS CLOSED SESSION

9. The Springville City Council may temporarily recess the regular meeting and convene in a closed session to discuss pending or reasonably imminent litigation, and the purchase, exchange, or lease of real property, as provided by Utah Code Annotated §52-4-205

ADJOURNMENT



Springville City Council February 17, 2015 Page 1 of 5 DRAFT

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 2

OF THE CITY OF SPRINGVILLE, UTAH COUNCIL CHAMBERS, 110 SOUTH MAIN STREET 4

FEBRUARY 17, 2015 – 7:00 P.M. 6

The following are the minutes of the Regular Meeting of the Springville City Council. The meeting was held on Tuesday, February 17, 2015 at 7:00 p.m. in the Springville City 8 Civic Center Council Chambers, 110 South Main Street, Springville, Utah. Adequate notice of this meeting, as required by law, was posted in the Civic Center and on the City’s website, and 10 delivered to members of the Council, media, and interested citizens.

12 Mayor Wilford W. Clyde presided. In addition to Mayor Clyde, the following were

present: Councilmember Rick Child, Councilmember Craig Conover, Councilmember 14 Christopher Creer, Councilmember Dean Olsen, Councilmember Chris Sorensen, City Administrator Troy Fitzgerald, Assistant City Administrator/City Attorney John Penrod, 16 Assistant City Administrator/Finance Director Bruce Riddle and City Recorder Kim Rayburn.

Also present were: Public Safety Director Scott Finlayson, Administrative Services 18 Manager Rod Oldroyd, Public Works Director Brad Stapley, Jake Davis Recreation Supervisor and Shannon Acor, CTC Coordinator. 20 CALL TO ORDER 22

Mayor Clyde welcomed everyone and called the meeting to order at 7:02 p.m. 24

INVOCATION AND PLEDGE Councilmember Creer offered the invocation, and Councilmember Conover led the 26

Pledge of Allegiance. 28

APPROVAL OF THE MEETING’S AGENDA COUNCILMEMBER CONOVER MOVED TO APPROVE THE MEETING’S 30

AGENDA AS WRITTEN. COUNCILMEMBER CREER SECONDED THE MOTION, AND ALL VOTED AYE. 32 MAYOR’S COMMENTS 34

Mayor Clyde welcomed the Council, staff and audience. He observed scouts in the audience and asked them to stand and introduce themselves. Scouts from Troop #106, #637, 36 #642, #63 and #925 were recognized.

38 PUBLIC COMMENT

Mayor Clyde introduced the Public Comment section of the agenda. He asked if there 40 were any requests.


Bret Boyer, a Springville resident and resides in the McKenzie Estates subdivision. He 42 expressed the City has done improvements in the area, however, now his culvert is unable to handle the water flow. He stated he needs to have the culvert and approach replaced at a cost of 44 approximately $2,000. Mayor Clyde replied the Council will take it under consideration.

Roger Hutchings, Springville resident; addressed the Council concerning a letter mailed 46 out regarding animals at large stating the first offense would be a warning and any after that would be a citation and $50 fine. Mr. Hutchings stated this was brought to the Councils attention 48 last week and he would like to know what their thoughts were on the matter.

Mayor Clyde replied the ordinance and fine has not changed for animals at large. He 50 explained there had been problems with animals out and safety concerns. The letter was for those taking care of animals, gates and fencing and to notify the owners. Mayor Clyde stated 52 technically there is no need to give a warning; citizens have been notified as a courtesy.

Chief Finlayson stated he is willing to speak with the livestock owners and Cattleman’s 54 Association and stated the letter was not intended to imply livestock owners are negligent.

Chris Averett explained he has livestock and received the letter, he expressed the letter 56 came across as farmers and ranchers ignore their livestock. He stated he shares a gate with Springville City and at times the gate is left open, as well as hunters going through the property. 58 He expressed it is not likely he would be able to go around the fences every day and check for problems. If a problem is found it is fixed as soon as possible. He expressed livestock owners 60 help police other livestock and it’s likely that livestock owners are not going to go out and say that’s my livestock and get fined. He stated the Police will need to corral the animals and call a 62 branding inspector.

Chief Finlayson commented the owners are responsible for their livestock. 64 Mayor Clyde stated we have discussed what the City is trying to do and the safety of the

community. 66 Mr. Averett stated if the City will purchase a cattle guard, he would do the installation. Mayor Clyde responded staff will take a look and expressed the City does not devalue the 68

livestock community; Springville has a history of being an agricultural town. He appreciates those willing to go out and help corral animals and wants animal owners to be responsible. He 70 does not want someone to hit one of the animals and have a serious injury.

72 CEREMONIAL/PRESENTATION AGENDA 74

1. Presentation of the Mayor’s Awards – Shannon Acor, CTC Coordinator CTC Coordinator Shannon Acor introduced this month’s Springville Mayor’s 76

Recognition Award recipients; Sam Daybell, Sabrina Reyes and Roxie Chambers. Sam’s nominator, Chris Busath, an English teacher at Springville Junior High, shared, “Sam is an 78 outstanding citizen. He is positive about school and is responsible and attentive.” Merit Academy 11th grader, Sabrina Reyes was recognized for her dedication to her school’s Hope Squad and its 80 suicide prevention efforts. Her counselor, Scott Jenkins, appreciates her willingness to help whenever asked and is a strong leader at her school. Springville High School Junior, Roxie 82


Chambers, is hard at work volunteering on the Springville Youth City Council. YCC Coordinator, Kerry Oman, is grateful for Roxie’s service over the past two years. He 84 compliments her on always being positive and happy.

Mayor Clyde congratulated the youth for their decision to live positive lives. 86 CONSENT AGENDA 88

1. Approval of all City purchase orders properly signed (Springville City Code §2-10-110(5)) 90

2. Approval of Minutes – January 06, 2015 Regular City Council meetings and June 03, 2014 Work Session meeting. 92 COUNCILMEMBER SORENSEN MOVED TO APPROVE THE CONSENT 94

AGENDA AS WRITTEN. COUNCILMEMBER CONOVER SECONDED THE MOTION, AND ALL VOTED 96

AYE. 98 REGULAR AGENDA

3. Consideration of an Easement Encroachment Agreement with USA for PI Phase 2D 100 across the Federal Siphon under Hobble Creek– John Penrod, Assistant City Administrator/City Attorney 102 City Attorney Penrod provided a map showing the easement encroachment being

considered and explained Springville City is currently in the process of installing a 36-inch 104 pressurized irrigation pipeline that runs from the Bartholomew Pond west down 1100 South and eventually to the west side of the City. As part of the installation of the pressurized irrigation 106 pipeline, the pipeline will cross over a United States easement at the approximate location of 2500 East 1100 South, which easement contains the pressurized water line known as the 108 Springville/Mapleton Lateral. In order to cross the United States easement, the City must enter into the proposed Easement. In addition the proposed Agreement will allow Springville to install 110 a 16-inch waterline across the United States easement. 112

COUNCILMEMBER CHILD MOVED TO APPROVE THE EXECUTION OF AN EASEMENT ENCROACHMENT AGREEMENT BETWEEN THE UNITED STATES OF 114 AMERICA AND SPRINGVILLE CITY.

COUNCILMEMBER CONOVER SECONDED THE MOTION, AND ALL VOTED 116 AYE. 118

4. Consideration of an Ordinance amending Title 6, Chapter 8 of the Springville City Code – John Penrod, Assistant City Administrator/City Attorney 120 Attorney Penrod explained the Utah Municipal Telecommunications License Tax Act

sets the amount of tax that the City may levy. The Act was amended in 2007, the amendment 122 reduced the amount of tax that a City could levy from 4% to 3.5% of all gross receipts from


telecommunications service provided within the City. The proposed ordinance cleans up the 124 City's ordinance and brings it in line with state code. 126

COUNCILMEMBER CREER MOVED TO APPROVE ORDINANCE #02-2015 THAT AMENDS TITLE 6, CHAPTER 8 OF THE SPRINGVILLE CITY CODE. 128

COUNCILMEMBER CHILD SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS: 130

COUNCILMEMBER CHILD AYE COUNCILMEMBER CONOVER AYE 132 COUNCILMEMBER CREER AYE COUNCILMEMBER OLSEN AYE 134 COUNCILMEMBER SORENSEN AYE

THE MOTION CARRIED UNANIMOUSLY ORDINANCE #02-2015 ADOPTED. 136

5. Consideration of a Franchise agreement with Syringa Network – John Penrod, 138 Assistant City Administrator/City Attorney Attorney Penrod reported Syringa Networks is a privately held Idaho corporation 140

headquartered in Boise, Idaho with an office in Salt Lake City. Over the past few years, Syringa Networks has been expanding its business into Utah, working its way from northern Utah to 142 southern Utah. They are requesting to use the City’s right of way to put in a network of broadband services in the City and noted Spanish Fork City approved a similar agreement. He 144 also stated Syringa will be required to follow the City's Telecommunications Rights-of-Way ordinance. The term of the agreement is 10 years with a 5 year renewal option should both 146 parties agree and is in line with Springville's ordinance. Attorney Penrod explained they will not be on any poles and there is limited space in the right of ways to where they would have to meet 148 certain requirements before they start digging. 150

COUNCILMEMBER CONOVER MOVED TO APPROVE THE EXECUTION OF A FRANCHISE AGREEMENT WITH SYRINGA NETWORKS, LLC. 152

COUNCILMEMBER OLSEN SECONDED THE MOTION, AND ALL VOTED AYE. 154 MAYOR, COUNCIL AND ADMINISTRATIVE REPORTS No items. 156 CLOSED SESSION 158

6. The Springville City Council may temporarily recess the regular meeting and convene in a closed session to discuss pending or reasonably imminent litigation, and the purchase, 160 exchange, or lease of real property, as provided by Utah Code Annotated §52-4-205 There was no closed session. 162 164


ADJOURNMENT COUNCILMEMBER CHILD MOVED TO ADJOURN THE CITY COUNCIL 166

MEETING AT 7:48 P.M. COUNCILMEMBER CHILD SECONDED THE MOTION, AND ALL VOTED AYE. 168

Springville City Council March 03, 2015 Page 1 of 6 DRAFT

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 2

OF THE CITY OF SPRINGVILLE, UTAH COUNCIL CHAMBERS, 110 SOUTH MAIN STREET 4

MARCH 03, 2015 – 7:00 P.M. 6

The following are the minutes of the Regular Meeting of the Springville City Council. The meeting was held on Tuesday, March 03, 2015 at 7:00 p.m. in the Springville City Civic 8 Center Council Chambers, 110 South Main Street, Springville, Utah. Adequate notice of this meeting, as required by law, was posted in the Civic Center and on the City’s website, and 10 delivered to members of the Council, media, and interested citizens.

12 Mayor Wilford W. Clyde presided. In addition to Mayor Clyde, the following were

present: Councilmember Rick Child, Councilmember Craig Conover, Councilmember 14 Christopher Creer, Councilmember Dean Olsen, Councilmember Chris Sorensen, City Administrator Troy Fitzgerald, Assistant City Administrator/City Attorney John Penrod, 16 Assistant City Administrator/Finance Director Bruce Riddle and City Recorder Kim Rayburn.

Also present were: Public Safety Director Scott Finlayson, Administrative Services 18 Manager Rod Oldroyd, Public Works Director Brad Stapley, Power Director Leon Fredrickson, Museum of Art Director Dr. Rita Wright and Library Director Pam Vaughn. 20 CALL TO ORDER 22

Mayor Clyde welcomed everyone and apologized for the late start explaining the previous RDA meeting ran late. He then called the meeting to order at 7:13 p.m. 24 INVOCATION AND PLEDGE 26

Councilmember Conover offered the invocation, and Councilmember Sorensen led the Pledge of Allegiance. 28

APPROVAL OF THE MEETING’S AGENDA 30

COUNCILMEMBER CREER MOVED TO APPROVE THE MEETING’S AGENDA AS WRITTEN. COUNCILMEMBER CHILD SECONDED THE MOTION, AND ALL 32 VOTED AYE. 34 MAYOR’S COMMENTS

Mayor Clyde welcomed the Council, staff and audience. He observed scouts in the 36 audience and asked them to stand and introduce themselves. Scouts from Troop #946, #1473, #1946, #122, #1475 and #1499 were recognized. 38

40


PUBLIC COMMENT 42 Mayor Clyde introduced the Public Comment section of the agenda. He asked if there

were any requests. 44 Delora Bertelson, 1155 South 400 East: Ms. Bertelson inquired about the Daughter of

Utah Pioneers old curfew bell. She stated it had disappeared and was told it is down behind the 46 Power Plant in the weeds. She explained some of the history of the bell noting before telephones the bell alerted fireman to a fire. Ms. Bertelson expressed she would like it on main street in a 48 prominent place because it is a part of our pioneer heritage.

Ms. Bertleson stated there is a new statue up for donation, the statue has been in Orem 50 and was given back to the sculptor. She stated she would provide more information to Councilmember Olsen and asked that the Council consider the statue. Ms. Bertleson expressed 52 some ideas for placement of the statue and asked the Mayor and Council to take it under consideration. 54

Mayor Clyde thanked Ms. Bertleson for her comments and explained the City knows where the bell is located and it has been budgeted to restore the bell and have it ready for this 56 year’s Art City Days. He also commented there is a process for the statues and the committee may need to be revived. 58 CEREMONIAL/PRESENTATION AGENDA 60

1. Presentation of Springville High School Sterling Scholars – Shannon Acor, CTC Coordinator 62 Ms. Acor explained tonight’s honorees are the Springville High School Sterling Scholars.

She explained it is quite a rigorous process for the students to put together their portfolios for the 64 Sterling Scholar competition and appreciates their hard work. She then introduced this year’s Springville High Sterling Scholars. 66

Lexie Allen - English Ashley McConnell - Math 68 Nicholas Cooper - Science Bekka Bertelsen - Social Science 70 Renee Swapp - World Languages Chandler Harris - Computer Technology 72 Andalyn Hall - Skilled & Technical Sciences Education Emma Israelsen - Family & Consumer Sciences 74 Hayden Diede - Business & Marketing Speech/Theater Arts/Forensics 76 Sky Kawai - Visual Arts - Bethany Allen Kahaia Stewart - Vocal Performance 78 Cassidy Erickson - Instrumental Music Ali Eaton - Dance 80


Mayor Clyde expressed he was very proud of the young people of this community and 82 thanked the students for their hard work. CONSENT AGENDA 84

2. Approval of City purchase orders required to be signed per Springville City Code §2-10-110(5) 86

3. Approval of Minutes – June 10, 2014 and June 17, 2014 Work/Study meeting; January 20, 2015 Regular Council meeting. 88

COUNCILMEMBER CONOVER MOVED TO APPROVE THE CONSENT AGENDA AS 90

WRITTEN. COUNCILMEMBER OLSEN SECONDED THE MOTION. COUNCILMEMBER 92

CHILD SECONDED THE MOTION. THE MOTION PASSED UNANIMOUSLY. 94 PUBLIC HEARING

4. Consideration of amendments to the Land Use Map of the General Plan from 96 Medium Density Residential to Commercial and the Official Zone Map from the R1-5 Single-Family Residential Zone to the CC-Community Commercial Zone for 98 the property located at 363 South 200 East – Fred Aegerter, Community Development Director 100 Director Aegerter explained the existing dental office of Mark Fullmer DDS is located at

225 East 400 South. The site currently has zero off street parking, requiring patrons to park along 102 400 South and 200 East streets. In the near future, parking along 400 south will no longer be an option. Mr. Fullmer has purchased the property at 363 East 200 East, which is directly behind his 104 Office, and would like to construct a small parking lot for his patrons that will connect via a walkway behind the dental office. 106

Mayor Clyde opened the public hearing for comment. There was none. 108

COUNCILMEMBER CREER MOVED TO CLOSE THE PUBLIC HEARING. 110

COUNCILMEMBER CONOVER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR OF THE MOTION. THE MOTION PASSED UNANIMOUSLY. 112

Councilmember Child stated he was at the Planning Commission meeting and agreed a 114 change needs to be made to the General Plan, because of the approval for the original building. 116 Motion – GENERAL PLAN LAND USE MAP AMENDMENT

COUNCILMEMBER SORENSEN MOVED TO APPROVE ORDINANCE #03-2015 118 AMENDING THE LAND USE MAP ELEMENT OF THE GENERAL PLAN FROM MEDIUM HIGH DENSITY RESIDENTIAL TO COMMERCIAL ON THE PROPERTY 120 LOCATED AT 363 SOUTH 200 EAST, CONTINGENT UPON THE TWO PROPERTIES BEING COMBINED INTO ONE PARCEL. 122


COUNCIL MEMBER CONOVER SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS: 124

COUNCILMEMBER CHILD AYE COUNCILMEMBER CONOVER AYE 126 COUNCILMEMBER CREER AYE COUNCILLMEMBER OLSEN AYE 128 COUNCILMEMBER SORENSEN AYE

THE MOTION CARRIED UNANIMOUSLY ORDINANCE #03-2015 ADOPTED. 130 Motion – OFFICIAL ZONE MAP AMENDMENT 132

COUNCILMEMBER SORENSEN MOVED TO APPROVE ORDINANCE #04-2015 AMENDING THE OFFICIAL ZONE MAP R1-5 SINGLE-FAMILY RESIDENTIAL TO CC-134 COMMUNITY COMMERCIAL ON THE PROPERTY LOCATED AT 363 SOUTH 200 EAST, CONTINGENT UPON THE TWO PROPERTIES BEING COMBINED INTO ONE 136 PARCEL.

COUNCIL MEMBER OLSEN SECONDED THE MOTION. THE VOTE IS 138 RECORDED AS FOLLOWS:

COUNCILMEMBER CHILD AYE 140 COUNCILMEMBER CONOVER AYE COUNCILMEMBER CREER AYE 142 COUNCILLMEMBER OLSEN AYE COUNCILMEMBER SORENSEN AYE 144

THE MOTION CARRIED UNANIMOUSLY ORDINANCE #04-2015 WAS ADOPTED. 146 REGULAR AGENDA

5. Consideration of an Ordinance enacting regulations regarding Mobile Food 148 Businesses – John Penrod, Assistant City Administrator/City Attorney Attorney Penrod reported the proposed ordinance will govern mobile food businesses 150

within Springville City and explained the provisions. Councilmember Sorensen asked how this is enforced during Art City Days. Attorney 152

Penrod replied it falls under a different policy for Art City Days. Mayor Clyde asked if it was restricted in residential areas. Attorney Penrod replied the 154

ordinance does address residential areas. 156

COUNCILMEMBER CREER MOVED TO APPROVE ORDINANCE #05-2015 THAT ESTABLISHES RULES AND REGULATIONS FOR MOBILE FOOD BUSINESSES. 158

COUNCIL MEMBER CONOVER SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS: 160

COUNCILMEMBER CHILD AYE COUNCILMEMBER CONOVER AYE 162 COUNCILMEMBER CREER AYE


COUNCILLMEMBER OLSEN AYE 164 COUNCILMEMBER SORENSEN AYE

THE MOTION CARRIED UNANIMOUSLY ORDINANCE #05-2015 WAS ADOPTED. 166

6. Consideration of approving a Resolution that establishes a business license fee for 168 Mobile Food Businesses – John Penrod, Assistant City Administrator/City Attorney Attorney Penrod explained the proposed fee in the amount of $100 was reached through 170

comparing what other cities charge for the same type of business license. 172

COUNCILMEMBER CREER MOVED TO APPROVE RESOLUTION #2015-05 THAT ESTABLISHES A BUSINESS LICENSE FEE FOR MOBILE FOOD BUSINESSES. 174

COUNCIL MEMBER CHILD SECONDED THE MOTION. THE VOTE IS RECORDED AS FOLLOWS: 176

COUNCILMEMBER CHILD AYE COUNCILMEMBER CONOVER AYE 178 COUNCILMEMBER CREER AYE COUNCILLMEMBER OLSEN AYE 180 COUNCILMEMBER SORENSEN AYE

THE MOTION CARRIED UNANIMOUSLY RESOLUTION #2015-05 WAS ADOPTED. 182

MAYOR, COUNCIL AND ADMINISTRATIVE REPORTS 184

CLOSED SESSION 186 10. The Springville City Council may temporarily recess the regular meeting and convene in

a closed session to discuss pending or reasonably imminent litigation, and the purchase, 188 exchange, or lease of real property, as provided by Utah Code Annotated §52-4-205 190 COUNCIL MEMBER CHILD MOVED TO TEMPORARILY ADJOURN TO A

CLOSED SESSION AT 7:49 P.M. AS PROVIDED BY U.C.A. §52-4-205 IN ORDER TO 192 DISCUSS THE PURCHASE, EXCHANGE, OR LEASE OF REAL PROPERTY.

COUNCIL MEMBER OLSEN SECONDED THE MOTION. THE VOTE IS 194 RECORDED AS FOLLOWS:

COUNCILMEMBER CHILD – AYE 196 COUNCILMEMBER CONOVER – AYE COUNCILMEMBER CREER – AYE 198 COUNCILMEMBER OLSEN – AYE COUNCILMEMBER SORENSEN – AYE 200

THE MOTION CARRIED UNANIMOUSLY. 202

THE REGULAR MEETING OF THE CITY COUNCIL WAS RECONVENED BY CONSENSUS AT 8:01 P.M. 204


206 ADJOURNMENT

COUNCILMEMBER CREER MOVED TO ADJOURN THE CITY COUNCIL 208 MEETING AT 8:02 P.M. COUNCILMEMBER CHILD SECONDED THE MOTION, AND ALL VOTED AYE. 210

S T A F F R E P O R T

CITY COUNCIL AGENDA July 21, 2015

DATE: July 15, 2015 TO: Honorable Mayor and City Council FROM: J. Fred Aegerter, Community Development Director SUBJECT: IVORY DEVELOPMENT, LLC SEEKING FINAL APPROVAL FOR THE

MINER’S GROVE SUBDIVISION, PLATS B AND C LOCATED AT APPROXIMATELY 950 WEST 1150 SOUTH IN THE R1-10 SINGLE-FAMILY RESIDENTIAL AND WF-1 WESTFIELDS OVERLAY ZONES.

RECOMMENDED MOTION Move to grant final approval for Miner’s Grove Subdivision, Plats B and C located at approximately 950 West 1150 South in the R1-10/WF-1 Zones. SUMMARY OF ISSUES/FOCUS OF ACTION Does the proposed subdivision meet the requirements of Springville City Code, particularly the following sections? 11-4-4 Residential Site Development Regulations 14-2-1 Application and Approval Process 14-5-1 through 14-5-4, Subdivision Requirements BACKGROUND Preliminary approval for the 48-lot single-family subdivision was given by the Planning Commission on August 26, 2014. Final approval for Plat ‘A’ was given by the City Council on November 4, 2014. Ivory Development has purchased the entire development and would like to move forward with the remaining 37-lots.

City Council July 21, 2015 Page 2


The 18.27 acre property falls within the R1-10 single-family residential zone and within the Westfields Overlay zone. The applicant is not requesting a density bonus; however, the minimum performance standards of the Westfields Overlay will be required. DISCUSSION Lots in the R1-10 single-family zone are required to have a minimum of 10,000 square feet of lots area (11,000 for corner lots) and a minimum of 80-feet of frontage. All lots in the proposed subdivision meet the minimum criteria. The following minimum performance standards of the Westfields Overlay Zone will apply to all lots in the proposed development:

a. The same elevation may not be used on the adjacent two (2) lots on either side of the subject property or the five (5) lots across the street from the subject property on any block length.

b. No garage shall occupy more than forty percent (40%) of the total building frontage. This measurement does not apply to garages facing ton a carriage way, or set back at least twenty feet (20’) from the front of the house or that are side loaded.

c. Single-family detached houses shall have a roof pitch of no less than five to twelve (5:12).

d. All walls which face a public street must contain at least twenty-five percent (25%) of the wall space in window or doors. However, on homes that have side-loaded garages, all walls which face a public street must contain at least twenty percent (20%) of the wall space in windows or doors.

e. Primary entrances shall face the public street and sidewalk. f. Windows shall not be flush with exterior walls. They shall be recessed or treated

with a trim. g. Building materials shall be applied in consistent amounts on the front and side wall

elevations of houses on interior lots and all wall elevations on the houses on corner lots. In no case shall the percentage of building materials vary greater than ten percent (10%) on those elevations where consistent amounts are required.

The Planning Commission considered the recommendation for final approval as part of the consent agenda at the July 14, 2015 meeting. There were no comments, objections or contingencies as part of the approval. COMMISSION ACTION: Commissioner Clay moved to approve the consent agenda. Commissioner Baker seconded the motion. Approval was unanimous.



Commission Vote Commissioner Yes No Huff X Young Excused Baker X Nolte X Clay X Mertz Excused Clyde X ALTERNATIVES

1. Approve the subdivision; 2. Approve with conditions; or 3. Deny the application.

If denied, the City Council shall give reason for such disapproval. If additional conditions are required by the City Council, such conditions shall be referred to the Planning Commission for their review and approval prior to City Council’s final action on the application. Laura Thompson Planner Attachments cc: Bryon Prince/Ivory Homes

Contract Documents CO-1 Armstrong Consultants, Inc. 146215 Spanish Fork - Springville Airport

CONTRACT CHANGE ORDER NO. ONE AIRPORT: Spanish Fork - Springville Airport DATE: 14 July 2015 LOCATION: Spanish Fork, Utah / Springville, Utah A.I.P. PROJECT NO. 3-49-0034-022-2014 CONTRACTOR: Goran, LLC You are requested to perform the following described Work upon receipt of an approved copy of this document or as directed by the Engineer: The Agreement between Spanish Fork City/Springville City and Goran, LLC. shall be changed as follows: Article 5, Paragraph 4 shall be revised to state, "The Sponsor will retain, from partial payments, five percent (5%) of the total amount due the Contractor based on the Contractor's Application for Payment and the Engineer's Recommendation of Payment." There are no additional work tasks associated with this change order. The time provided for completion in the Contract is unchanged. This document shall become an Amendment to the Contract and all provisions of the Contract will apply. Recommended by: Engineer Date Approved by: Owner: Spanish Fork City Date Approved by: Owner: Springville City Date Accepted by: Contractor Date Approved by: Federal Aviation Administration Date NOTE: Change Orders and Supplemental Agreements require FAA approval prior to construction. Otherwise, no Federal participation can be granted.

Contract Documents CO-2 Armstrong Consultants, Inc. 146215 Spanish Fork - Springville Airport

A.I.P. PROJECT NO. 3-49-0034-022 -2014 CHANGE ORDER NO. One AIRPORT: Spanish Fork - Springville Airport LOCATION: Spanish Fork, Utah

JUSTIFICATION FOR CHANGE 1. Brief description of the proposed Contract change(s) and location(s). Article 5, Paragraph 4 shall be revised to state, "The Sponsor will retain, from partial payments, five percent (5%) of the total amount due the Contractor based on the Contractor's Application for Payment and the Engineer's Recommendation of Payment." 2. Reason(s) for the change(s). Retainage revised to be consistent with Utah State Law. 3. Justifications for Unit Prices or Total Cost. Not Applicable. No change in Unit Prices or Total Costs. 4. The Sponsor's share of this cost is available from: Not Applicable. No change in Unit Prices or Total Costs. 5. If this is Supplemental Agreement involving more than $2,000, is the Cost Estimate based

on the latest wage rate decision? Yes No X Not Applicable ___ 6. Has Consent of Surety been obtained? Yes No Not Applicable _X_ 7. Will this change affect the insurance coverage? Yes No __X_ 8. If yes, will the policies be extended? Yes No ___ 9. Has this Change Order been discussed with FAA officials? Yes X No When June 15, 2015 With Whom Kristin Brownson Comment Revised Payment Application Forms are attached. Submit four executed copies to the FAA.

Contract Documents NP-1 Armstrong Consultants, Inc. 146215 Spanish Fork - Springville Airport

NOTICE TO PROCEED TO: Goran, LLC DATE: 7 July 2015 480 North 1500 West Orem, Utah 84057 Schedule I - Runway 12 End Safety Area Grading Schedule II - Extension on Runway 12 End Schedule III - Taxiway Lighting Schedule IV - Relocate Runway 30 End Schedule V - Taxiway A1 Schedule VI - Modify Runway Lighting A.I.P. PROJECT No. 3-49-0034-022-2014 You are notified that the Contract Time under the above Contract will commence to run on August 3, 2015. By that date, you are to start performing your obligations under the Contract Documents and you are to complete the Work within forty-five (45) consecutive calendar days thereafter. The date of completion of all Work is therefore September, 2015. SPANISH FORK AND SPRINGVILLE, UTAH By , Airport Manager 2050 North 300 West Spanish Fork, Utah 84660 (801) 420-8888

ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by: this the day of , 2015 By

THIS PAGE WAS INTENTIONALLY LEFT BLANK

Contract Documents AP-1 Armstrong Consultants, Inc. 146215 Spanish Fork - Springville Airport

APPLICATION FOR PAYMENT NO. ____ To the Cities of Spanish Fork and Springville, Utah (OWNER). Contract for the Spanish Fork - Springville Airport Improvements dated October 7, 2014. OWNER'S A.I.P. Project No. 3-49-0034-022-2014. ENGINEER'S Project No. 146215. For Work accomplished through the date of ________________________.

ATTACH ITEMIZED LIST Accompanying Documentation: GROSS AMOUNT DUE $

LESS 5% RETAINAGE $

AMOUNT DUE TO DATE $

LESS PREVIOUS PAYMENTS $

AMOUNT DUE THIS APPLICATION $

CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that (1) all previous Progress Payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through ____ inclusive; and (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of final acceptance of Project free and clear of all liens, claims, security interests and encumbrances. Dated __________________, 2015 GORAN, LLC CONTRACTOR By__________________________________ ENGINEER'S Recommendation: This Application (with accompanying documentation) meets the requirements of the Contract Documents and payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated __________________, 2015 Armstrong Consultants, Inc. ENGINEER By _________________________________ OWNER'S Approval: This Application is approved. Dated __________________, 2015 Spanish Fork and Springville, Utah SPONSOR By _________________________________

Contract Documents AP-1 Armstrong Consultants, Inc. 146215 Spanish Fork - Springville Airport

APPLICATION FOR PAYMENT NO. FINAL To the Cities of Spanish Fork and Springville, Utah (OWNER). Contract for the Spanish Fork - Springville Airport Improvements dated October 7, 2014. OWNER'S A.I.P. Project No. 3-49-0034-022-2014. ENGINEER'S Project No. 146215. For Work accomplished through the date of ________________________.

ATTACH ITEMIZED LIST Accompanying Documentation: GROSS AMOUNT DUE $

LESS 0% RETAINAGE $

AMOUNT DUE TO DATE $

LESS PREVIOUS PAYMENTS $

AMOUNT DUE THIS APPLICATION $

CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that (1) all previous Progress Payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through FINAL inclusive; and (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of final acceptance of Project free and clear of all liens, claims, security interests and encumbrances. Dated __________________, 2015 GORAN, LLC CONTRACTOR By__________________________________ ENGINEER'S Recommendation: This Application (with accompanying documentation) meets the requirements of the Contract Documents and payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated __________________, 2015 Armstrong Consultants, Inc. ENGINEER By _________________________________ OWNER'S Approval: This Application is approved. Dated __________________, 2015 Spanish Fork and Springville, Utah SPONSOR By _________________________________


CITY COUNCIL AGENDA July 17, 2015 U:\City Council\Staff Reports\2015\07-2015\07212015\SR_PUE Dedication from Erdmann Reams - Brookside Intersection Realignment_20150721.doc

DATE: July 17, 2015 TO: Mayor and City Council FROM: Bradley D. Stapley, Director of Public Works SUBJECT: PUBLIC UTILITIES EASEMENT ACCEPTANCE FROM JJAM

PROPERTIES LLC, AND WENDELL GRANT & ARLENE B. ERDMANN RECOMMENDED ACTION Motion to accept Public Utility Easements from JJam Properties LLC, and Wendell Grant & Arlene B. Erdmann as part of the 400 South & 800 East/Brookside Intersection Realignment project, as outlined in Exhibits “A” and “B.” SUMMARY OF ISSUES/FOCUS OF ACTION The 400 South and 800 East/Brookside Drive Intersection Realignment project is nearing completion. At this location a traffic signal is to be installed to help regulate the traffic flow. Signal poles are to be located on each corner of the intersection. A Public Utilities Easement (PUE) is needed on each corner of the northerly side of the intersection to provide a place for the traffic signal poles. DISCUSSION Two 10-foot by 15-foot PUE’s are needed on the north side of the 400 South & 800 East intersection to allow placement of traffic signal poles as part of the 400 South and 800 East/Brookside Drive Intersection Realignment project. The roadway realignment has been completed, with the intersection currently being controlled by “stop” signs on the cross-streets (800 East and Brookside Drive). The traffic signal portion of the project is expected to be completed by the end of August.


CITY COUNCIL AGENDA U:\City Council\Staff Reports\2015\07-2015\07212015\SR_PUE Dedication from Erdmann Reams - Brookside Intersection Realignment_20150721.doc PUE Dedication from Erdmann & Reams- Brookside Intersection Realignment..doc

Brookside Intersection Realignment


CITY COUNCIL AGENDA U:\City Council\Staff Reports\2015\07-2015\07212015\SR_PUE Dedication from Erdmann Reams - Brookside Intersection Realignment_20150721.doc PUE Dedication from Erdmann & Reams- Brookside Intersection Realignment..doc

ALTERNATIVES Option #1: Staff recommends acceptance of the Public Utility Easements from the property owners. Option #2: No action (not recommended). FISCAL IMPACT None

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400 SOUTH

800 E

AST

PROPOSED EASEMENTJJAM PROPERTIES LLC PROPOSED EASEMENT

ERDMANN

1017

952 924 910938

835

865805

400 SOUTH 800 EASTINTERSECTION

Date: 7/9/2015

LegendErdmann EasementJJam LLC Easement©1 inch = 50 feet

When recorded, return to: SPRINGVILLE CITY 110 SOUTH MAIN SPRINGVILLE, UT 84663

PUBLIC UTILITY EASEMENT The Grantor, JJAM PROPERTIES, LLC GRANTS AND CONVEYS to SPRINGVILLE CITY, a municipal corporation, Grantee, for the sum of TEN DOLLARS and other good and valuable consideration, the following: A Public Utility Easement in perpetuity, for installation, maintenance, repair and replacement of public utilities and appurtenant parts thereof, and the right to reasonable access to Grantor’s land for the above described purposes. The Easement shall run with the Real Property and shall be binding upon the Grantor and the Grantor’s successors, heirs and assigns. Said easement is described as follows:

BEGINNING AT A POINT LOCATED NORTH 607.71 FEET, AND EAST 497.59 FEET FROM THE SOUTHWEST CORNER OF SECTION 34, TOWNSHIP 7 SOUTH, RANGE 3 EAST, SALT LAKE BASE AND MERIDIAN; THENCE NORTH 00˚33’40” EAST 15.00 FEET; THENCE SOUTH 89˚40’33” EAST 10.00 FEET; THENCE SOUTH 00˚33’40” WEST 15.00 FEET; THENCE NORTH 89˚40’33” WEST 10.00 FEET TO THE POINT OF BEGINNING.

IN WITNESS WHEREOF, Grantor has set his/her hand this day of

, 2015

__________________________________ JJAM PROPERTIES LLC BY: ______________________________ STATE OF UTAH ) : SS. COUNTY OF UTAH )

On the ______ day of _______________________, 2015 personally appeared before me, , the signer of the foregoing instrument, who duly acknowledged to me that s/he executed the same. _______________________________ NOTARY PUBLIC

When recorded, return to: SPRINGVILLE CITY 110 SOUTH MAIN SPRINGVILLE, UT 84663

PUBLIC UTILITY EASEMENT The Grantors, WENDELL GRANT ERDMANN and ARLENE B. ERDMANN, Trustees of THE ERDMANN FAMILY TRUST, GRANT AND CONVEY to SPRINGVILLE CITY, a municipal corporation, Grantee, for the sum of TEN DOLLARS and other good and valuable consideration, the following: A Public Utility Easement in perpetuity, for installation, maintenance, repair and replacement of public utilities and appurtenant parts thereof, and the right to reasonable access to Grantors’ land for the above described purposes. The Easement shall run with the Real Property and shall be binding upon the Grantors and the Grantors’ successors, heirs and assigns. Said easement is described as follows:

BEGINNING AT A POINT LOCATED NORTH 607.44 FEET, AND EAST 571.84 FEET FROM THE SOUTHWEST CORNER OF SECTION 34, TOWNSHIP 7 SOUTH, RANGE 3 EAST, SALT LAKE BASE AND MERIDIAN; THENCE NORTH 00˚10’18” EAST 15.00 FEET; THENCE SOUTH 89˚45’06” EAST 10.00 FEET; THENCE SOUTH 00˚10’18” WEST 15.00 FEET; THENCE NORTH 89˚45’06” WEST 10.00 FEET TO THE POINT OF BEGINNING.

IN WITNESS WHEREOF, Grantors have set their hands this day of

, 2015

_____________________________ _____________________________ WENDELL GRANT ERDMANN ARLENE B. ERDMANN STATE OF UTAH ) : SS. COUNTY OF UTAH )

On the ______ day of _______________________, 2015 personally appeared before me, , the signer of the foregoing instrument, who duly acknowledged to me that they executed the same. _______________________________ NOTARY PUBLIC



DATE: July 13, 2015 TO: Mayor and City Council FROM: Bradley D. Stapley, Director of Public Works SUBJECT: MICRO SURFACING 2015-16 PROJECT RECOMMENDED ACTION Motion to approve American Pavement Preservation as the low bidder for the Micro Surfacing 2015-16 Project for various Springville City roads (see attached map) in the amount of $453,367.78 and authorize the Director of Public Works to issue a Notice to Proceed for the project. SUMMARY OF ISSUES/FOCUS OF ACTION The Streets Division of Public Works has developed a comprehensive 7-year Roadway Maintenance Plan for Springville City. The plan utilizes various methods of roadway maintenance to assure the best use of funds given the specific roadway condition. The plan uses crack sealing, slurry seals, chip seals, and asphalt overlays as methods of minor roadway surface rehabilitation. More costly maintenance techniques for severely dilapidated roadway surfaces involve asphalt overlays, asphalt grinding with asphalt replacement, and full depth reclamation with asphalt overlays. DISCUSSION Micro Surfacing is a mixture of aggregate (small rock), asphalt emulsion, cement, and water. The asphalt emulsion serves as a binder, holding the crushed aggregate together and adhering the surface. Mixing and spreading are accomplished in one continuous operation, with the applied surface being ready for traffic within a few hours. Micro Surfacing has been effective in extending pavement life. Its most notable features are:

• It seals out moisture over the entire pavement. • It stops the oxidation process on the original pavement. • It fills minor voids and depressions. • Its comparatively low cost makes it an effective alternative in street maintenance

today.


CITY COUNCIL AGENDA U:\City Council\Staff Reports\2015\07-2015\07212015\SR_Micro Surfacing 2015-16_20150721.doc

ALTERNATIVES Springville City solicited bids for this project through BidSync.com, receiving the following: American Pavement Preservation - $453,367.78 Intermountain Slurry Seal, Inc. - $520,780.69 FISCAL IMPACT Funding for this project will come from the C-Roads Maintenance budget GL# 10-4410-643

07/2015 AGREEMENT PAGE 00500 - 1

DOCUMENT 00500 AGREEMENT THIS AGREEMENT is dated as of the day of July in the year 20 15

by and between Springville City Corporation (hereinafter called OWNER)

and (hereinafter called CONTRACTOR).

Project Name: SPRINGVILLE CITY MICRO SURFACING TYPE II - 2015 OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: 1 WORK 1.01 The CONTRACTOR shall complete all Work as specified or indicated in the Contract

Document. The Work is generally described as follows:

A. Furnish and apply approximately 363,871 square yards of Micro Surfacing Type II to multiple roadways throughout the City. The Micro Surfacing shall be a full-width roadway application (lip-of-gutter to lip-of-gutter); The roadways shall be prepared in accordance with the approved specifications and all existing manholes and water valves protected prior to placement of material.

B. The work to be performed shall include furnishing all necessary materials,

equipment, facilities, services and appurtenances thereto needed for the complete construction of the project.

The above explanation is intended to give a general understanding of the scope of the work under these specifications, and shall not be construed to be an itemized listing of each element of work required. CONTRACTOR shall be responsible for construction of complete facilities conforming in all respects to the details and requirements of the specifications, drawings, and other contract documents.

2 CONTRACT TIME AND LIQUIDATED DAMAGES 2.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.


2.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed by Friday, October 30, 2015, within

approximately 90 working days after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions by Friday, November 6, 2015, within approximately 95 working days after the date when the Contract Times commence to run.

2.03 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence

of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 2.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER FIVE HUNDRED DOLLARS ($ 500.00 ) for each day that expires after the time specified in paragraph 2.02 above for Substantial Completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER FIVE HUNDRED DOLLARS ($ 500.00 ) for each day that expires after the time specified in paragraph 2.02 above for completion and readiness for final payment.

3 CONTRACT PRICE 3.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the

Contract Documents in current funds and at the prices shown in CONTRACTOR's Bid Schedule attached hereto as an exhibit.

3.02 As provided in paragraph 11.03 of the General Conditions estimated quantities are not

guaranteed, and determinations of actual quantities and classification are to be made by OWNER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions.

4 PAYMENT PROCEDURES 4.01 Submittal and Processing of Payments

A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by OWNER as provided in the General Conditions, as modified by the Supplementary Conditions.


4.02 Progress Payments; Retainage.

A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment, on or about the 1st day of each month during construction. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements.

1. Prior to Substantial Completion, progress payments will be made in an

amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as OWNER shall determine, or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions.

a. 95% of Work completed (with the balance being retainage). If

Work has been 50% completed as determined by OWNER, and if the character and progress of the Work have been satisfactory to OWNER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed.

b. 95% (with the balance being retainage) of materials and equipment

not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.02.B.5 of the General Conditions).

2. Upon Substantial Completion, OWNER shall pay an amount sufficient to

increase total payments to CONTRACTOR 97.5% of the Work completed (with the balance being retainage), less such amounts as OWNER shall determine in accordance with paragraph 14.02.B.5 of the General Conditions and less 100% of OWNER’s estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion.

4.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as provided in said paragraph 14.07.


5 INTEREST 5.01 All moneys held in retainage as provided in Article 4.02.A of this Agreement shall be

placed in an interest bearing account. Accrued interest shall be to the benefit of the CONTRACTOR.

5.02 All moneys not paid when due as provided in Article 14 of the General Conditions shall

bear a maximum annual interest rate of 4 percent. 6 CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the

following representations:

A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

B. CONTRACTOR has visited the site and become familiar with and is satisfied as to

the general, local and Site conditions that may affect cost, progress, performance or furnishing of the Work.

C. CONTRACTOR is familiar with and is satisfied as to all federal, state and local

Laws and Regulations that may affect cost, progress, performance or furnishing of the Work.

D. CONTRACTOR has carefully studied available reports, explorations, drilling logs

and tests (including those listed in the Instruction to Bidders as provided in paragraph 4.02 of the General Conditions) and has performed all necessary explorations and tests necessary to become familiar with subsurface conditions at or contiguous to the site.

E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for

having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto.

F. CONTRACTOR does not consider that any additional examinations,

investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in


accordance with the other terms and conditions of the Contract Documents.

G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents.

H. CONTRACTOR has become familiar with all physical conditions relating to

existing surface and subsurface conditions (including utilities) which are at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.02 of the General Conditions.

I. CONTRACTOR has correlated the information known to CONTRACTOR,

information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.

J. CONTRACTOR has given OWNER written notice of all conflicts, errors,

ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR.

K. The Contract Documents are generally sufficient to indicate and convey

understanding of all terms and conditions for performance and furnishing of the Work.

7 CONTRACT DOCUMENTS 7.01 Contents

A. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following:

1. This Agreement (pages 1 to 7 , inclusive);

2. Performance Bond (pages 1 to 2 , inclusive);

3. Payment Bond (pages 1 to 2 , inclusive);

4. General Conditions (pages 1 to 42, inclusive);


5. Supplementary Conditions (pages 1 to 6 , inclusive);

6. Technical Specifications as listed in the table of contents of the Project

Manual;

7. Drawings consisting of a Cover Sheet and sheets listed thereon, with each sheet bearing the following general title: SPRINGVILLE CITY MICRO SURFACING TYPE II - 2015 ;

8. Addenda (Numbers to inclusive);

9. Exhibits to this Agreement (enumerated as follows):

a. Exhibit A Notice of Award; b. Exhibit B Notice to Proceed; c. Exhibit C CONTRACTOR’s Bid (with documentation

accompanying Bid); d. Exhibit D Insurance Forms;

10. The following which may be delivered or issued on or after the Effective

Date of the Agreement and are not attached hereto:

a. Written Amendments; b. Work Change Directives; c. Change Order(s).

B. The documents listed in paragraph 7.01.A are attached to this Agreement except as

expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 7.

D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the General Conditions.

8 MISCELLANEOUS 8.01 Terms

A. Terms used in this Agreement will have the meanings indicated in the General Conditions.

8.02 Assignment of contract


A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

8.03 Successors and Assigns

A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents.

8.04 Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.


IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR. This Agreement will be effective on , 20 15 . OWNER Springville City Corporation CONTRACTOR By By

( ) ( ) ( ) ( ) ( ) ( ) ( SEAL ) ( SEAL ) ( ) ( ) ( ) ( ) ( ) ( )

Attest Attest Address for giving notices: Addresses for giving notices:

License No. Agent for service of process

__________________________________________

(If CONTRACTOR is a corporation, attach evidence of authority to sign.)

- END OF DOCUMENT -

AGENDA FOR THE WORK MEETING - Springville City

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Transcript of AGENDA FOR THE WORK MEETING - Springville City