City Council Agenda Page 1 of 4 April 3, 2012 NOTICE OF A PUBLIC MEETING INCLUDING ADDENDUM AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, April 3, 2012 McNease Convention Center, South Meeting Room 500 Rio Concho Drive THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES. ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK, ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING. City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. every day for two weeks beginning on the Thursday after each meeting. As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate” Thank You! I. OPEN SESSION (9:00 A.M.) A. Call to Order B. Prayer and Pledge "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.” C. Proclamation “Eagle Scout Designation to Wesley Aaron Kuehn ”, to be accepted by Mr. Kuehn for successfully completing all requirements for Scouting's highest rank in honor of his achievement D. Recognition Donna Osborne , Economic Development Coordinator, on being selected as the first recipient of the Alliance of Texas Angel Networks - Excellence in Leadership Award for her leading role with the Concho Valley Angel Network E. Public Comment The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment. II. CONSENT AGENDA 1. Consideration of approving the March 20, 2012 City Council Regular meeting minutes 2. Consideration of awarding bid(s) and authorizing the Interim City Manager or his designee to execute any necessary related documents: a. VM-03-12 : Ambulance Chassis, Caldwell Chevrolet via Buyboard Contract #358-10, $51,926.00 b. VM-04-12 : Ambulance Box Remounts, Frazer Bilt via HGAC Contract #AM04-10, $86,400.00 3. Consideration of selecting Gajeske, Inc. for RFP WU-02-12 Lake Pumping System to transfer water from the South Pool of Twin Buttes Reservoir to the North Pool and authorizing the Interim City Manager or his designee to execute any necessary related documents
Transcript
City Council Agenda Page 1 of 4 April 3, 2012
NOTICE OF A PUBLIC MEETING INCLUDING ADDENDUM
AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS
9:00 A.M. - Tuesday, April 3, 2012 McNease Convention Center, South Meeting Room
500 Rio Concho Drive
THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES. ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK, ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.
City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. every day for two weeks beginning on the Thursday after each meeting.
As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate” Thank You!
I. OPEN SESSION (9:00 A.M.)
A. Call to Order
B. Prayer and Pledge
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.”
C. Proclamation
“Eagle Scout Designation to Wesley Aaron Kuehn”, to be accepted by Mr. Kuehn for successfully completing all requirements for Scouting's highest rank in honor of his achievement
D. Recognition
Donna Osborne, Economic Development Coordinator, on being selected as the first recipient of the Alliance of Texas Angel Networks - Excellence in Leadership Award for her leading role with the Concho Valley Angel Network
E. Public Comment
The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment.
II. CONSENT AGENDA1. Consideration of approving the March 20, 2012 City Council Regular meeting minutes2. Consideration of awarding bid(s) and authorizing the Interim City Manager or his designee to execute
any necessary related documents:
a. VM-03-12: Ambulance Chassis, Caldwell Chevrolet via Buyboard Contract #358-10, $51,926.00 b. VM-04-12: Ambulance Box Remounts, Frazer Bilt via HGAC Contract #AM04-10, $86,400.00
3. Consideration of selecting Gajeske, Inc. for RFP WU-02-12 Lake Pumping System to transfer water from the South Pool of Twin Buttes Reservoir to the North Pool and authorizing the Interim City Manager or his designee to execute any necessary related documents
City Council Agenda Page 2 of 4 April 3, 2012
4. Consideration of approving additional purchases from RFB VM-09-11 for two (2) Light Duty Vehicles from Jim Bass Ford in the amount of $43,449.00, and authorizing the Interim City Manager or his designee to execute any necessary related documents
5. Consideration of awarding RFB PRO-01-12 Modular Manufactured Building behind Fire Station #2, 4702 Southland to Chris Leith Automotive, Inc. in the amount of $25,001.00 and authorizing the Interim City Manager or his designee to execute any necessary related documents
6. Consideration of awarding RFB PRO-02-12 Fire Station #5, 2727 Freeland Avenue to Miguel Duran in the amount of $61,100.00, and authorizing the Interim City Manager or his designee to execute any necessary related documents
7. Consideration of authorizing the sale of the following residential properties for the appraised value and authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to the sale of subject properties, subject to completion of all curative requirements:a. 2534 Sleepy Hollow (Brinlee), Lot 15, Group Fishermans Road, $90,916.00 b. 6413 Lincoln Park Road East (Camper), Lot 4, Group Lincoln Park, $26,945.00 c. 1610 Shady Point Circle Drive (Mason), Lot 62, Group Shady Point, $25,704.00 d. 2590 Sleepy Hollow (Nixon), Lot 32, Group Fishermans Road, $84,108.00 e. 6422 Lincoln Park Road West (Reed), Lot 27A, Group Lincoln Park, $26,981.00
8. Consideration of adopting a Resolution authorizing the Interim City Manager or his designee to execute two releases of easement for water pipeline relating to realignment of the Hickory Aquifer Water Supply Project water pipeline; and, finding a public purpose and benefit therein
9. Consideration of adopting a Resolution to approve the City of San Angelo’s participation in the Texas Events Trust Fund for the National Reined Cow Horse Association 2012 Celebration of Champions in the amount of $14,070.00 with a state match of $87,935, to create a total trust fund of $102,005.00
10. Consideration of approving variances to the City Code for the Drag Boat Races on June 22-24, 2012, at Lake Nasworthy
11. Consideration of approving variances to the City Code for the Wakeboard Tournament on July 20-22, 2012, at Lake Nasworthy
12. Consideration of authorizing the Interim City Manager to execute a Mutual Aid Agreement withGoodfellow Air Force Base for fire protection and hazardous materials incident response
13. Consideration of authorizing the San Angelo Fire Department to apply for a grant for exercise equipment through the Eva Camuñez Tucker Foundation authorizing the Interim City Manager or his designee to execute related documents
14. Consideration of authorizing the San Angelo Fire Department to participate in the 2012 Muscular Dystrophy Association (MDA) Fill the Boot Campaign on April 25th, 26th, and 27th
Consideration of authorizing the Interim City Manager to execute a First Addendum to Agreement forWaste Collection and Disposal and Landfill Lease and Operation between the City of San Angelo and Republic Waste Services of Texas
III. REGULAR AGENDA:
F. EXECUTIVE/CLOSED SESSION
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that
Addendum
City Council Agenda Page 3 of 4 April 3, 2012
Meetings be Open, Section 555.071(2) to consult with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter on issues related to the Texas Open Meetings Act
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo
G. PUBLIC HEARING AND COMMENT
15. Presentation and update on the Hickory Aquifer water supply project(Presentation by Water Utilities Director Will Wilde)
16. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San AngeloPD 12-02: Shannon Medical Center Downtown AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 120 East Harris Avenue encompassing the area known as the Shannon Medical Center Downtown, more specifically being Shannon Medical Center Downtown, Block 22A, Section 1, Lot A, Shannon Medical Center Downtown, Block 1, Section 2, Lot A, Shannon Medical Center Downtown, Block 15A, Section 1, Lot A, Frary Addition, Block 2, Lots 1 thru 4, San Angelo Addition, Block 5, Lots 16 thru 20, San Angelo Addition, Block 21, Lots 1, 2, 5, 9, 10, 15 thru 20, the west 26.4’ of Lot 3, and the west 25’ of Lot 6, San Angelo Addition, Block 21½, Lot 1, San Angelo Addition, Block 22½, Lots 3 thru 12, Upton Addition, Block 22½, Lots 20-24 and the west 75’ of Lot 19, Miles Acre Lots, 22½, Lots 31 and 32, in central San Angelo changing the zoning classification from Low-Rise Multifamily Residential (RM-1), General Commercial (CG), and General Commercial/Heavy Commercial (CG/CH) to Planned Development (PD) District PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver)
17. Discussion and possible action to amend the Animal Control Ordinance, Chapter 3, Article 3.2002 entitled “Chaining of Dogs Prohibited as Primary Enclosure”(Requested by Councilmember Morrison)
18. Presentation from and interview of Executive Search Firms for consideration of the recruitment of the City Manager position, and any action in connection thereto:a. Robert Slavin, President, Slavin Management Consultants b. Alan Taylor, Senior Vice President, Strategic Government Resources (SGR) (Presentation by Human Resources Director Lisa Marley)
19. Discussion of 2012-2017 Capital Improvement Plan(Presentation by Budget Manager Morgan Trainer)
H. FOLLOW UP AND ADMINISTRATIVE ISSUES
20. Consideration of matters discussed in Executive/Session, if needed
City Council Agenda Page 4 of 4 April 3, 2012
21. Consideration of various Board nominations by Council and designated Councilmembers:a. Civic Events Board: Courtney Mahaffey (SMD4) to an unexpired term October 2014b. Construction Board of Adjustment & Appeals: Casey Deering (SMD3) to a 1st full term February
2014 and Roland Allen (SMD5) to a 2nd full term February 2014 c. Zoning Board of Adjustments: David Nowlin (SMD3) to a 2nd full term January 2014, Chuck Shore
(SMD5) to a 2nd full term January 2014, and John Rowland (SMD6) to a 2nd full term January 2014 22. Consideration of Future Agenda Items23. Adjournment
Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Wednesday, March 28, 2012, at 6:00 P.M.
/x/________________________ Alicia Ramirez, City Clerk
Addendum
P R O C L A M A T I O N
WHEREAS, On October 10, 2011, Wesley Aaron Kuehn from Concho Valley Boy Scouts of America Troop 340, sponsored by Holy Angels Catholic Church, attained the rank of Eagle Scout; and
WHEREAS, Wesley Aaron Kuehn will be recognized by his troop, community, family, and friends for successfully completing all requirements for Scouting's highest rankin honor of his achievement in an Eagle Scout Court of Honor on April 14 2012; and,
WHEREAS, we are gathered here on this occasion, as friends, family and neighbors of Wesley Aaron Kuehn to support him on his attainment of the rank of Eagle Scout and to recognize the faithful and steady path taken within the Scouting organization; and
WHEREAS, Wesley Aaron Kuehn’s commitment to leadership, service, and to the community is reflected in his steady, persistent, progress through the ranks to achieve this prestigious award; and
WHEREAS, we commend Wesley on his Eagle project, a project consisting of removing old hazardous deck material in the patio area at Holy Angels Catholic Church and replacing it with pavers and landscaping, which is an example of the many contributions he has made to the community and to the sponsor of Troop 340;
NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby recognize and congratulate:
“Wesley Aaron Kuehn, Eagle Scout”
For this outstanding accomplishment and extending to him our deepest appreciation for all of his dedicated work and wishing him the best in all of his future endeavors.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 3rd day of April, 2012.
THE CITY OF SAN ANGELO
___________________________ Alvin New, Mayor
Commending Donna Osborne
For doing more, doing it better, and exceeding our expectations.
Your high standards inspire us all.
_____________ ____________ Mayor Date
CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 371 Tuesday, March 20, 2012 Vol. 103
OPEN SESSION
BE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, March 20, 2012, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized members of the Council, to-wit:
Mayor, Alvin NewCouncilmember Paul AlexanderCouncilmember Dwain MorrisonCouncilmember Johnny Silvas Councilmember Fredd B. Adams, II Councilmember Kendall HirschfeldCouncilmember Charlotte Farmer
were present and acting, with the exception of Mayor New, thus constituting a quorum. Mayor Pro Tempore Charlotte Farmer facilitated the meeting. Whereupon, the following business was transacted:
An invocation was given by Peace Ambassador Representative Becky Benes from the Christian faith traditionand pledge was led by John Flynn, 4th Grader from Cornerstone Christian School.
PROCLAMATIONS AND RECOGNITION
“Welcome Texas State Gymnastics Meet”, May 3, 4, and 5, 2012, was accepted by Tony Walker, San Angelo ISD Gymnastics Program Director and Head Coach and Ryan Terrill, Senior Gymnast
“Primera Church 120th Anniversary Celebration”, April 1, 2012, was accepted by Johnny Fira, Associate Pastor, and Norma Lee, Children’s Director
“San Angelo Safe Digging Month, April 2012”, was accepted by Craig Thornell, Concho Valley Damage Prevention Acting President, and JimBob Sims, Texas811 Damage Prevention Manager
Ken Landon, National recognition from the National Society of the Daughters of the American Revolution (DAR), Conservation Committee, for outstanding achievement in Environmental Awareness with the National DAR – Houston chronicle 3/9
PUBLIC COMMENT
Mayor Pro Tem Farmer acknowledged, with deep regret, the passing of Dr. Ralph Chase and recognized him forall of his contributions to the city and citizens of San Angelo.
Councilmember Morrison commented on the Texas Bank sports complex regarding the need for netting at the ball fields. He requested consideration of the item on the next meeting agenda.
Responding to a question from Councilmember Silvas, staff informed it is the responsibility of the property owner to maintain the trees located on Johnson Street.
West Texas Organizing Strategy Craig Meyers commented on the upcoming Neighborhood Clean Up Blitz on April 20th and 28th. Acknowledging Andrea Dominguez, wife of former City Manager Harold Dominguez, as the inspiration behind the idea, he suggested dedicating and designating the blitz day as Andrea’s Day. Council concurred and suggested this be considered at a future meeting.
Tim Davenport Hurst spoke in support of the Blitz.
Page 372 MinutesVol. 103 March 20, 2012
CONSENT AGENDA
APPROVAL OF THE MARCH 6, 2012 CITY COUNCIL REGULAR MEETING MINUTES
ADOPTION OF RESOLUTIONS AUTHORIZING THE MAYOR TO EXECUTE TAX DEEDS FOR THE SALE OF TAX LOTS:
• 715 W 15th Street (Pizano), Lot 8, Block 4, Mineola Annex Addition, $1,000.00, Suit No. B-94-0062-T(ANNEX A PAGE 379, RESOLUTION #2012-03-032R)
• 22 W 17th Street (Ortiz), Lot 16, Block 22, Lasker Addition, $1,000.00, Suit No. B-95-0064-T (ANNEX B, PAGE 381, RESOLUTION #2012-03-033R)
• 701 W 15th Street (James), Lot 1, Block 4, Mineola Annex Addition, $1,100.00, Suit No. TAX90-0151B (ANNEX C, PAGE 383, RESOLUTION #2012-03-034R)
• 703 W 15th Street (James), Lot 2, Block 4, Mineola Annex Addition, $1,100.00, Suit No. TAX90-0197B (ANNEX D, PAGE 385, RESOLUTION #2012-03-038R)
• 1838 Magnolia Street (Bannert), Lot 1 & E 14 ½’ of Lot 2, Block 3, Avondale Addition, $1,000.00, Suit No. TAX91-0035B (ANNEX E, PAGE 387, RESOLUTION #2012-03-036R)
• 213 W Avenue R, (Cuellar), Lot 18 of Jones SD of E ½ of Block 140, Fort Concho Addition, $1,100.00, Suit No. TAX90-162B (ANNEX G, PAGE 391, RESOLUTION #2012-03-038R)
• 624 Culwell, (Martinez), W 50’ of Lot 2, Block 3, C.C. Culwell Addition, $1,000.00, Suit No. TAX93-0029B (ANNEX H, PAGE 393, RESOLUTION #2012-03-039R)
• 112 W 16th Street, (Gonzalez), Lot 10, Block 14, Lasker Addition, $1,100.00, Suit No. B-95-0037-T(ANNEX I, PAGE 395, RESOLUTION #2012-03-040R)
• 24 W 11th Street, (Murillo), Lot 15, block 53, Miles Addition, $1,000.00, Suit No. B-94-0062-T(ANNEX J, PAGE 397, RESOLUTION #2012-03-041R)
ADOPTION OF A RESOLUTION AUTHORIZING THE SALE TO FIRST UNITED METHODIST CHURCH, LANDLORD, OF TENANT IMPROVEMENTS AND FIXTURES INSTALLED BY THE CITY OF SAN ANGELO, TENANT, TO THE LEASED OFFICE BUILDING LOCATED AT 106 S. CHADBOURNE, FOR $125,000.00, AND AUTHORIZATION FOR THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE A BILL OF SALE AND RELATED DOCUMENTS NECESSARY TO COMPLETE THE SALE AND TRANSFER (ANNEX K, PAGE 399, RESOLUTION #2012-03-042R)
AUTHORIZATION FOR THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND THE UNITED STATES OF AMERICA IN THE AMOUNT OF $350,000.00 PER YEAR FOR THE EXCLUSIVE USE OF TWO HANGARS (AMCOM) AT SAN ANGELO REGIONAL AIRPORT
ADOPTION OF A RESOLUTION APPOINTING ELECTION OFFICIALS, JUDGES, AND ALTERNATE JUDGES FOR THE GENERAL ELECTION TO BE HELD ON MAY 12, 2012; AND PROVIDING FOR AN EFFECTIVE DATE (ANNEX L, PAGE 401, RESOLUTION #2012-03-043R)
SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX M, PAGE 407, ORDINANCE #2012-03-044)
Z 12-02: BILLY HUFFMAN
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
Minutes Page 373March 20, 2012 Vol. 103
FOLLOWING PROPERTY, TO WIT: 1710 COX LANE, APPROXIMATELY 700 FEET WEST FROM THE INTERSECTION OF COX LANE AND BEN FICKLIN ROAD, SPECIFICALLY OCCUPYING THE B & R SUBDIVISION, SECTION 2, TRACT 2 IN SOUTH CENTRAL SAN ANGELO, CHANGING THE ZONING CLASSIFICATION FROM RANCH & ESTATE (R&E) TO OFFICE WAREHOUSE (OW) DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE 2011-2012 BUDGET (ANNEX N, PAGE 409, ORDINANCE #2012-03-045)
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTS
Motion, to approve the Consent Agenda, as presented, with the exception of PK-02-11/Rio Vista Park Renovation and Above the Clouds, LLC Concessionaire Lease Agreement, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. Motion carried unanimously.
REGULAR AGENDA: PUBLIC HEARING AND COMMENT
AWARD OF BID FOR PK-02-11/RIO VISTA PARK RENOVATION TO TEMPLETON CONSTRUCTION, INC. (SAN ANGELO, TX) IN THE AMOUNT OF $636,400.00, AND AUTHORIZATION FOR THE INTERIM CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE A CONTRACT AND EXECUTE ANY RELATED DOCUMENTS
Assistant City Manager Rick Weise presented background information.
Motion, to award, as presented, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld. Motion carried unanimously.
AUTHORIZATION FOR THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONCESSIONAIRE LEASE AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND ABOVE THE CLOUDS, LLC IN THE AMOUNT OF $300.00 PER MONTH OR 5% OF GROSS RECEIPTS, WHICHEVER IS GREATER, AT THE SAN ANGELO REGIONAL AIRPORT TERMINAL BUILDING
Airport Director Luis Elguezabal presented background information. Responding to a question from Councilmember Silvas, Mr. Elguezabal stated this agreement will not affect the current concessionaire with Carlo Campanelli. He noted Mr. Campanelli’s contract outlines exclusive rights to specific buildingsMotion, to authorize, as presented, was made by Councilmember Silvas and seconded by Councilmember Adams. Motion carried unanimously.PRESENTATION FROM AND INTERVIEW OF EXECUTIVE SEARCH FIRMS FOR CONSIDERATION OF THE RECRUITMENT OF THE CITY MANAGER POSITION:
• Robert Slavin, President, Slavin Management Consultants – will present on 4/3• Alan Taylor, Senior Vice President, Strategic Government Resources (SGR)
Mayor Pro Tem Farmer explained due to inclement weather, Mr. Slavin is unable to attend today’s meeting. In all fairness to Mr. Slavin, City Council will interview his firm at the April 3, 2012 meeting. She noted staff will record and present today’s presentation at the next meeting.
Human Resources Director Lisa Marley introduced Mr. Taylor and he presented background information.
Page 374 MinutesVol. 103 March 20, 2012
RECESS
At 9:56 A.M., Mayor Pro Tem Farmer called a recess.
RECONVENE
At 10:13 A.M., Council reconvened, and the following business was transacted:
Mayor Pro Tem Farmer stated City Council will consider the full item at the April 3, 2012 meeting.
Councilmember Adams left the meeting at 10:31 A.M.
POSTPONEMENT OF THE RECOMMENDATION FOR PK 03-11/CONCHO RIVER WATER FEATURETO BEGIN NEGOTIATIONS WITH WESCO FOUNTAINS OF NORTH VENICE, FLORIDA FOR PROPOSAL AND INSTALLATION OF A FOUNTAIN/WATER FEATURE IN THE CONCHO RIVER, AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE A CONTRACT AND ANY RELATED DOCUMENTS WITH A NOT-TO-EXCEED AMOUNT OF $550,000.00
Construction Manager David Knapp and Parks and Recreation Director Carl White presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.Assistant City Manager Rick Weise explained the funding for the project noting the annual operating costs may be between $35-50K. General discussion was held on creating an on-demand concept for the design, the maintenance and longevity of the system, possible revenue generating options, and examples of water features from other cities.Public comment was made by Citizens Jim Turner and Art Elkins.Motion, to postpone the item until staff can present maintenance and specific equipment replacement cost of the system, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld. Motion carried unanimously.
RECESS
At 11:13 A.M., Mayor Pro Tem Farmer called a recess.
RECONVENE
At 11:26 A.M., Council reconvened, and the following business was transacted: PRESENTATION OF THE FISCAL YEAR 2013-2016 STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM (STIP) FOR THE 15 COUNTIES OF TEXAS DEPARTMENT OF TRANSPORTATION-SAN ANGELO DISTRICT, INCLUDING THE SAN ANGELO URBAN AREA ON SAN ANGELO’S TRANSPORTATION IMPROVEMENT PROGRAM (TIP) FOR FISCAL YEARS 2013-2016San Angelo Metropolitan Planning Organization Interim Director Doray Hill, Jr. and Director of Transportation Planning and Development, San Angelo District, John DeWitt presented background information. Copies of the presentations are part of the Permanent Supplemental Minute record.Mr. Hill announced public hearings will be held on April 11, 2012 at 2:00 P.M. and April 12, 2012 at 10:00 A.M.REVIEW OF CITY HALL, LIBRARY, AND AUDITORIUM BUDGETSAssistant City Manager Elizabeth Grindstaff presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.
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• APPROVAL FOR STAFF TO USE THE REMAINING FUNDS FOR FURNISHINGS, PLAZA DEVELOPMENT, LANDSCAPING, LIGHTING, AND RELATED MATTERS
• APPROVAL OF FUNDING FOR CITY HALL AND LIBRARY OFFICE FURNITURE AND FIXTURES
General discussion was held on the cost of the project, the change orders to the project, the overall savings, additional work proposed by staff, whether to purchase the furniture in phases, and reallocating funds towards the landscaping fund.
Motion, to fund the proposed projects, as presented, was made by Councilmember Silvas and seconded by Councilmember Alexander. AYE: Alexander, Silvas, Adams, Hirschfeld, and Farmer. NAY: Morrison. Motion carried 5-1.
• APPROVAL OF THE NEW NAMING AND PLACEMENT OF SIGNAGE OF THE HISTORIC LIBRARY BUILDING
Ms. Grindstaff advised separate signage would be placed in front of the building identifying the division and various departments within the facility.
Motion, to approve, as presented, was made by Councilmember Alexander and seconded by Councilmember Silvas. Motion carried unanimously.
• DISCUSSION REGARDING OPERATIONAL CHANGES ASSOCIATED WITH OCCUPANCY OF THE REHABILITATED BUILDINGS
No action was taken on this item.
PUBLIC HEARING AND APPROVAL OF A RECOMMENDATION BY THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION BOARD OF DIRECTORS TO DIRECT THE PUBLICATION OF A 60-DAY NOTICE OF THE SPECIFIC PROJECT FOR PUBLIC COMMENT PERIOD; AWARDING THE FOLLOWING REQUEST FOR BIDS, APPROVING THE RELEASE OF THE BID BOND ON WITHDRAWAL OF A BID, AND AUTHORIZATION FOR INTERIM CITY MANAGER TO NEGOTIATE AND EXECUTE CONTRACTS RELATED TO THE ABATEMENT AND DEMOLITION OF THE QUALTRUST BUILDING AND CATTLE BARN ON THE SAN ANGELO FAIRGROUNDS AND THE CONSTRUCTION OF A NEW LIVESTOCK BARN ON THE SAME SITE, AND RELATED MATTERS AS FOLLOWS:
• AWARD OF RFB NO. CE-01-12 FOR THE ASBESTOS ABATEMENT AND DEMOLITION OF QUALTRUST BUILDING AND CATTLE BARN TO EMPIRE ENVIRONMENTAL IN THE AMOUNT OF $67,600.00 TO INCLUDE ASBESTOS ABATEMENT, DEMOLITION OF THE EXISTING BUILDING, HAUL OFF OF ALL MATERIALS, AND PROPER DISPOSAL THEREOF
• AWARD OF RFB NO. CE-02-11 FOR CONSTRUCTION OF A NEW LIVESTOCK BUILDING TO RM FORD CONSTRUCTION IN THE AMOUNT OF $1,154,000.00 FOR THE CONSTRUCTION OF A NEW 32,400-SQUARE-FOOT LIVESTOCK BARN, RM FORD CONSTRUCTION BEING THE SECOND-LOWEST BIDDER
• APPROVAL OF A REQUEST BY RBR CONSTRUCTION, INC. FOR THE RELEASE OF BID BOND DUE TO WITHDRAWAL OF ITS BID
Assistant City Manager Rick Weise and Community and Economic Development Director Shawn Lewispresented background information. Mr. Weise informed any contingency balance would be returned to the San Angelo Stock Show and Rodeo Association.
Page 376 MinutesVol. 103 March 20, 2012
Motion, to award bid and approve related matters, as presented, was made by Councilmember Morrison and seconded by Councilmember Silvas. Motion carried unanimously.
RECESS
At 12:42 P.M., Mayor Pro Tem Farmer called a recess.
EXECUTIVE/CLOSED SESSION
Council did not convene in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property; Section 551.071(1)(a) to consult with attorney on pending or contemplated litigation and Section 551.071(2) to consult with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter on issues related to the Texas Open Meetings Act; and, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo.
RECONVENE
At 1:28 P.M., Council reconvened, and the following business was transacted:
APPROVAL OF MUNICIPAL POOL FEES, RENTAL RATES, HOURS OF OPERATION
Recreation Manager MaryAnn Vasquez presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.
General discussion was held on utilizing the entire profits made from the pool for maintenance, the operating hours of the pool for either public swimming or pool parties, the percentage of increase of the entry fee and whether to moderately increase the fees, the option to provide staff flexibility to promote special days or special rates, and whether to decrease the rate for seniors.
Motion, to approve the seven (7) day operation week and allocating 100% profit from the operation of the pool for maintenance, as presented, was made by Councilmember Farmer. Motion failed due to the lack of second.
Councilmember Adams arrived to the meeting at 2:08 P.M.
Motion, to approve the seven (7) day operation week and set the pool fees, as presented, including allocating 100% profit from the operation of the pool for maintenance and the option to provide staff the flexibility to offer specials and promotional days, decreasing the senior rate to $3, was made by Councilmember Adams and seconded by Councilmember Farmer. Motion carried unanimously.
FOLLOW UP AND ADMINISTRATIVE ISSUES
CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION
No action was taken on matters discussed in Executive/Closed Session.
ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMS
The City of San Angelo will hold public meetings on March 20, 22 and 26 of 2012 to gather citizen input on the 2012-2017 Capital Improvement Plan.
Interim City Manager Michael Dane distributed the proposed April 3, 2012 Agenda and solicited Council comments and suggestions.
Minutes Page 377March 20, 2012 Vol. 103
Councilmember Farmer
- Prioritizing items, specifically discussion items, on the agenda- Review procedure for authorizing staff to place items on the agenda and other board/commission agendas
without prior City Council knowledge
Councilmember Adams – protecting buyers purchasing property directly from property owners regarding property judgments and related real estate transactions
Councilmember Silvas – building a zoo in San Angelo and possibly expanding the Nature Center
Councilmember Morrison – netting on ball fields at South Concho Sports Complex
Councilmember Alexander
- Recognizing Earth Day and tying in related events with Keep San Angelo Beautiful- Policing of title lenders
ADJOURNMENT
Motion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld.Motion carried unanimously.
The meeting adjourned at 2:26 P.M.
THE CITY OF SAN ANGELO
___________________________________ Alvin New, Mayor
ATTEST:
_______________________________ Alicia Ramirez, City Clerk
Annexes A-N
In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording may be distorted due to equipment malfunction or other uncontrollable factors.)
Page 378 MinutesVol. 103 March 20, 2012
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City of San Angelo
Memo
Date: March 19, 2012
To: Councilmembers
From: Patrick Frerich, Vehicle Maintenance
Subject: Agenda Item for April 3, 2012
Contact: Patrick Frerich, Vehicle Maintenance - 657-4329
Caption: Consent
Consideration of awarding Buyboard quote VM-03-12 for ambulance chassis and HGAC quote VM-04-12 for ambulance box remounts, and authorizing the Interim City Manager or designee to execute any necessary related documents.
Summary: A Buyboard quote was solicited and received from Caldwell Chevrolet for two (2) one-ton chassis for the use of ambulance vehicles.
An HGAC quote was also sought and received from Frazer, LTD for the removal, refurbishing, and remounting of existing boxes already used by the San Angelo Fire Department.
History: The City has established a replacement cycle for ambulance chassis of two per year. City-owned ambulance boxes are removed, cleaned, updated, and remounted on the new chassis.
Financial Impact: The City will purchase two (2) one-ton chassis from Caldwell Country ($51,926.00) off Buyboard contract #358-10 and the remount service from Frazer ($86,400) off HGAC contract #AM04-10 from capital account 501-9100-800-07-42.
Related Vision Item: NA
Other information/Recommendation: Staff recommends awarding the bid to Caldwell Chevrolet (Caldwell, TX) and Frazer, LTD (Houston, TX).
Subject: Agenda Item for March 20, 2012 Council Meeting
Contact: Will Wilde, Water Utilities Director, 657-4209
Caption: Water Utilities Bid “RFP: WU-02-12/Lake Pumping System”
Summary: Proposals have been received from five contractors for rental of a lake water pumping system that would be utilized to transfer water from the South Pool of Twin Buttes Reservoir to the North Pool. The system will consist of diesel powered pumps, suction piping and discharge piping. The pumps will have a capacity of approximately 25 million gallons per day (76 acre-feet/day).
History: When the water level in the South Pool drops below elevation 1925, the remaining water can no longer be utilized and is trapped in dead storage. To recover this water, about 4,600 acre-feet, pumps must be utilized to either pump the water through the equalization channel to the North Pool or pump the water over the dam, into the South Concho River channel.
Financial Impact: The pumping system is subject to an initial 2 month minimum which includes delivery, set-up, demobilization, and rental costs. After this, the rental would be on a month-to-month basis.
The total cost to operate the pumping system:For 2 months - $221,204For 3 months - $327,010For 4 months - $432,816
Other Information/Recommendation: Proposals were evaluated on overall cost; experience of the contractor; availability of pumps; and best value for the City. The best ranking proposal was submitted by Gajeske, Inc.
It is recommended the proposal from Gajeske be accepted subject to approval of a budget amendment in water operating to fund the project. Attachments: Ranking
Presentation: None. Publication: None.
Reviewed by Service Area Director: Will Wilde, Water Utilities Director, March 6, 2012
City of San Angelo
Memo Date: March 13, 2012
To: Roger Banks, Purchasing Manager
From: Will Wilde, Water Utilities Director
Subject: RFP: WU-02-12/Lake Water Pumping System Ranking
The Responses for RFP: WU-02-12/Lake Water Pumping System were reviewed by a three member committee consisting of Tom Kerr, Kevin Krueger and myself. The responses were scored as shown below.
The systems were ranked based on overall cost, conformance to specifications, experience and availability.
In general, the pumping systems proposed by the respondents were of a type that is suitable for pumping raw water. The respondents were companies with experience in providing mobile pumping systems of the size specified. Availability of pumps ranged from 2 to 30 days after notice; all of which are reasonable for the proposed project. The major factor that influenced rankings was the total system cost which included rental fees and operating expenses.
1. Gajeske. 280 Points. The system consists of three 5,667 gpm pumps powered by 275 hp diesel engines. The suction and discharge piping is 18” and each pump has independent piping. The fuel consumption for each engine is estimated to be 5 gph. The system has the lowest overall estimated cost for two months of operation at $270,154.
2. Sunbelt. 265 Points. The system consists of two 8,681 gpm pumps powered by 425 hp engines. The system uses 24” suction and discharge piping. The fuel consumption per engine is estimated at 16.3 gph. The system had the second lowest total costs for two months operation at approximately $484,634.
3. Griffin. 230 Points. The system consists of two 9,000 gpm pumps powered by 225 hp engines that each utilized 9.9 gph of fuel. The system utilizes 18” suction and
24” discharge piping. The system had the fourth lowest overall estimated cost for two months of operation at $615,830.
4. Mersino. 226 Points. The system consists of three 5,787 gpm pumps powered by 250 hp engines at a fuel consumption of 7.5 gph each. The system utilizes 18” suction and 36” discharge piping. The system had the third lowest estimated cost for two months of operation at $564,450.
5. Xylem. 161 Points. The system consists of three pumps, 5,800 gpm each powered by 300 hp diesel engines. The system utilizes 24” suction and 30” discharge piping. The system is available on a one week notice. The estimated fuel consumption is 6.5 gph per engine. Pricing for the system based on a 24 hour per day operation was not provided.
Based on the ranking of the proposals, the committee recommends accepting the proposal from Gajeske.
City of San AngeloMemo
Date: March 19, 2012
To: Councilmembers
From: Patrick Frerich, Vehicle Maintenance
Subject: Agenda Item for April 3, 2012
Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651
Caption: Consent
Consideration of approving additional purchases off VM-09-11 - Light Duty Vehicles, and authorizing the City Manager or designee to execute any necessary related documents.
Summary: The Vehicle Maintenance Department requested formal bids for Light Duty Vehicles which was awarded by City Council to Jim Bass Ford and Caldwell Country on October 4, 2011. Approval is sought for purchases in addition to those presented and approved on this date. Purchases of approximately $200,000 have already been completed off this bid. Thus, although this purchase does not exceed the $50,000 Purchasing Threshold, the cumulative amount of this commodity requires Council approval.
History: Bids were requested for ¼ ton through 1.5 ton pickups and SUVs for the purpose of replacing current units that are past their useful operational life and expansion of fleet. Formal bids are requested from vendors listed on the Purchasing Master Data Base, and are advertised in local media for the purpose of acquiring light duty vehicles for a one year term of the bid. A vendor and their submitted pricing is approved and used as the basis for ordering vehicles throughout the term year. Awards are given based on the financial impact of the bid; the completeness of the bid; inclusion and pricing of items and options requested; the competence of the vendor regarding the purchase transaction; and the after-sale benefits including location of warranty shops, parts supply lead-time and availability, etc.
Financial Impact: The City recommends approving purchases totaling $43,449.00. A vehicle for the Fire Department will be purchased for $24,258 from budget account 501-9000-800-0742. Additionally, a vehicle for Water Utilities Engineering will be purchased for $19,191 from account 260-4400-800-0742.
Related Vision Item: NA
Other information/Recommendation: Staff recommends awarding the bid and subsequent light duty vehicle purchases to Jim Bass Ford (San Angelo, TX) and Caldwell Country Chevrolet Ford (Caldwell, TX) as assigned on Bid Tabulation VM-09-11.
Attachments: Bid Tabulation VM-09-11
Reviewed by: Will Wilde, Director – Water; Chief Brian Dunn – Fire Chief
Requests for Bids Mailed To:All American Autoplex San Angelo TX
All American Chevrolet San Angelo TX
Allen Samuels Chrysler/Dodge/Jee Waco TX
Baby Jack II Automotive LTD Caldwell TX
Dallas Dodge Austin TX
Hall Buick, Pontiac, GMC Tyler TX
Jim Bass Ford San Angelo TX
Mac Haik Ford Georgetown TX
Mitchell Toyota Kia San Angelo TX
Philpott Motors LTDMotors NederlandNe erl TX
Reliable Chevrolet Richardson TX
Sam Pack's Five Star Ford Carrolton TX
City of San Angelo
Memo Date: March 22, 2012
To: Mayor and Councilmembers
From: Scott Farris, Assistant Fire Chief
Subject: Agenda Item for 04/03/12 Council Meeting
Contact: Scott Farris, Fire Department, (325) 657-4355
Caption: Consent
Consideration of awarding RFB NO: PRO-01-12/Modular Manufactured Buildingbehind Fire station #2, 4702 Southland
Summary: RFB NO: PRO-01-12/Modular Manufactured Building was posted, advertised, and sent to 38 parties. Three bids were received as shown on the bid tab attached.Chris Leith Automotive, Inc. has placed a bid in the amount of $25,001.00. We ask for the authorizing city manager or his designee to execute all documents necessary to complete this award. The description and location is the modular manufactured building behind Fire Station #2 at 4702 Southland.
History: The modular manufacture building was purchased and placed behind Fire Station #2 to be used as fire fighters quarters while fire station #2 was remodeled. Fire Station #2 remodel has been completed and firefighters have moved back into Fire Station #2. The modular manufactured building is being sold
Financial Impact: $25,001.00 – These funds will be used for additional improvements within the FireDepartment.
Related Vision Item
(if applicable):
n/a
Other Information/ Recommendation:
Staff recommends awarding the bid to the successful bidder
Attachments: PUR PRO-01-12 Addendum 1.pdf PUR PRO-01-12 Modular Manufactured Building.pdf PUR PRO-01-12 MODULAR MANUFACTURED BUILDING - Bid Tab.pdf; and Bill of Sale
Presentation: n/a
Publication: n/a
Reviewed by Director:
Brian Dunn 03/19/2012
Approved by Legal:
������������������������������������������ ���� ���� ���� ���������������� ���� ���P.O. Box 1751, San Angelo, Texas 76902 Tel: (325) 657-4220 or 657-4212
3.1. Pre-Bid Walk-Thru A Pre-Bid Walk-Thru will be held at 4702 Southland on Thursday Friday, February 3, 2012 from 3:00 PM to 4:30 PM. Representatives of the City will be available to discuss Bid procedures.
Bids Mailed To:Ambleside School of San Angelo San Angelo TX Mertzon Public Schools Mertzon TXAngelo Catholic SchooL San Angelo TX Miles Public Schools Miles TXCornerstone Christian School San Angelo TX Norton Public Schools Norton TXGateway Christian Academy San Angelo TX Ozona Public Schools Ozona TXHeights Christian Montessori San Angelo TX Paint Rock Public Schools Paint Rock TXJoy School @ Glen Meadows San Angelo TX Robert Lee Public Schools Robert Lee TXSan Angelo Christian Academy San Angelo TX Rowena Public Schools Rowena TX
Trinity Lutheran School San Angelo TX Grape Creek Public Schools San Angelo TXBallinger Public Schools Ballinger TX San Angelo Public Schools San Angelo TXBig Lake Public Schools Big Lake TX Sonora Public Schools Sonora TXBlackwell Public Schools Blackwell TX Sterling City Public Schools Sterling City TXBrady Public Schools Brady TX Texas Leadership Charter Academy San Angelo TXBronte Public Schools Bronte TX Veribest Public Schools Veribest TXCarlsbad Public Schools Water Valley TX Wall Public Schools Wall TXChristoval Public Schools Christoval TX Water Valley Public Schools Water Valley TXEden Public Schools Eden TX Winters Public Schools Winters TXEldorado Public Schools Eldorado TX Miguel Duran San Angelo TXEola Public Schools Eden TXForsan Public Schools Forsan TXLohn Public Schools Lohn TXMenard Public Schools Menard TX
3.� INSTRUCTIONS TO BIDDERS ............................................................................................................................ 5�
3.1.� PRE-BID WALK-THRU ................................................................................................................................ 5�3.2.� PROPOSAL/BID INTERPRETATION ............................................................................................................. 5�3.3.� SPECIFICATIONS ......................................................................................................................................... 5�3.4.� SALE “AS IS” ............................................................................................................................................. 5�3.5.� BID SECURITY ............................................................................................................................................ 5�3.6.� DEFAULT IN PURCHASE ............................................................................................................................. 5�3.7.� EXECUTION OF BILL OF SALE .................................................................................................................... 5�3.8.� CORRECTIONS, ADDITIONS, OR DELETIONS ............................................................................................. 5�3.9.� AUTHORIZED SIGNATURE .......................................................................................................................... 5�3.10.� MODIFICATION OR WITHDRAWAL OF BIDS ............................................................................................... 5�3.11.� CONTINGENCY ............................................................................................................................................ 5�3.12.� PICK-UP DATE ........................................................................................................................................... 6�3.13.� RESERVATIONS .......................................................................................................................................... 6�3.14.� SUBMISSION OF BIDS ................................................................................................................................ 6�3.15.� CLOSING TIME & DATE .............................................................................................................................. 6�3.16.� LATE BIDS .................................................................................................................................................. 6�3.17.� ACCEPTANCE ............................................................................................................................................. 6�
4.� TERMS AND CONDITIONS ................................................................................................................................. 7�
4.1.� INVOICES & PAYMENTS .............................................................................................................................. 7�4.2.� GRATUITIES ................................................................................................................................................ 7�4.3.� NO WARRANTY BY CITY AGAINST INFRINGEMENTS ................................................................................. 7�4.4.� RIGHT OF INSPECTION ................................................................................................................................ 7�4.5.� CANCELLATION .......................................................................................................................................... 7�4.6.� ASSIGNMENT-DELEGATION ....................................................................................................................... 7�4.8.� MODIFICATIONS .......................................................................................................................................... 7�
This Table of Contents is intended as an aid and not as a comprehensive listing of the proposal package. Respondents are responsible for reading the entire proposal package and complying with all specifications.
ii
4.9.� APPLICABLE LAW ...................................................................................................................................... 7�
6.� SAMPLE BILL OF SALE ................................................................................................................................... 11�
7.� BID FORMS ....................................................................................................................................................... 13�
DISCLOSURE OF CERTAIN RELATIONSHIPS ........................................................................................................... 15�LOCAL PREFERENCE CONSIDERATION .................................................................................................................. 19�DEBARMENT AND SUSPENSION CERTIFICATION ................................................................................................... 23�BID SHEET .............................................................................................................................................................. 25�AUTHORIZED SIGNATURE/CONTACT INFORMATION .............................................................................................. 25�
1.1. General The City of San Angelo is requesting bids for the sale of a used 24’ x 64’ Modular Manufactured Building, manufactured by RMD Manufacturing, LTD., 2008, Model No. 1264, Serial No. 4543-A & 4543-B. Modular Building is further identified as: Exterior - Two gauge commercial ribbed steel with wooden deck; Interior - “Finished Out” with Two Large Rooms, Kitchen, 1 1/2 Bathrooms, A/C, Heat Pumps and Gas/Electric. 1.2. Disqualification The Respondent may be disqualified for any of the following reasons:
• The Respondent is involved in any litigation against the City of San Angelo; • The Respondent is in arrears on any existing contract or has defaulted on a previous contract with
the City; • The Respondent is debarred, suspended, or otherwise excluded from or ineligible for participation
in State or Federal assistance programs.
1.3. Digital Format If Respondents obtained the bid specifications in digital format in order to prepare a proposal, the bid must be submitted in hard copy according to the instructions contained in this bid package. If, in its bid response, Respondents makes any changes whatsoever to the published bid specifications, the bid specification as published shall control. Furthermore, if an alteration of any kind to the bid specification is discovered after the contract is executed and is or is not being performed; the contract is subject to immediate cancellation without recourse. 1.4. Required Response The City requires a response to any RFB’s mailed to potential Respondents. Should a company receive an RFB, but choose not to bid on the project, then in order to remain on the City of San Angelo’s Potential Respondents List you must submit a “No Bid”. 1.5. No Bid Instructions To submit a No Bid, complete the Bid Sheet by entering “No Bid” on Line Item 1, complete the Contact Information section, and mail the Bid Sheet pages before the deadline. Firms that do not respond will be removed from the Respondents list. 1.6. Addenda Should specifications be revised prior to the deadline for submittals, the City’s Purchasing Department will issue an addendum addressing the nature of the change. Respondents must sign it and include it in the returned proposal package. Addenda will be posted on the City’s website and mailed to the Respondent’s list. Firm is responsible for contacting the City or checking the City’s website to determine if any addendums have been issued. 1.7. Interpretations All questions about the meaning or intent of the Contract Documents, including specifications shall be submitted to the City in writing. Replies will be issued by Addenda mailed, faxed, emailed, or delivered to all parties recorded by Owner as having received the bid documents. Questions received less than ten (10) days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral interpretations or clarifications will be without legal effect.
1.8. Confidentiality All bids submitted shall remain confidential. After award, proposals will be made available for public inspection. The City shall not be responsible for the confidentiality of any trade secrets or other information contained or disclosed in the proposal unless clearly identified as such. 1.9. Award of Contract The City reserves the right to accept or reject any or all bids, and to waive any informalities or irregularities in the RFB process. The City is an equal opportunity employer.
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1.10. Acceptance of Proposal Content Before submitting a proposal, each Respondent shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the performance of the contract and to verify any representations made by the City upon which the proposal will rely. If the Respondent receives an award, failure to have made such investigation and examinations will in no way relieve the Respondent from his obligation to comply in every detail with all provisions and requirements.
1.11. Copies Of Bid Tabulation Results For a copy of the Bid Tabulation results, send a self-addressed stamped envelope to: Purchasing Department, City of San Angelo, P.O. Box 1751, San Angelo, Texas 76902-1751
2.1. Deadline Sealed Request for Bids (RFB) submittals must be received and time stamped, February 9, 2012/2:00 P.M. Local Time. The clock located in Purchasing will be the official time. 2.2. Copies
Submit (1) unbound original, (1) one electronic copy of all submission form in PDF format on CD or USB Flash Drive, and (1) complete copy of your bid. (Staples and binder clips are acceptable).
USPS: City of San Angelo Purchasing Department RFB: PRO-01-12 /Modular Building P.O. Box 1751 San Angelo, Texas 76902-1751
DELIVERY SERVICES: City of San Angelo
Purchasing Department RFB: PRO-01-12 / Modular Building 106 S. Chadbourne St., RM 204 San Angelo, Texas 76903
Faxed or electronically transmitted bids will not be accepted
2.6 Points Of Contact
DIANA FARRIS Property Manager
Purchasing Division City of San Angelo P.O. Box 1751 San Angelo Texas, 76902-1751 Email: [email protected] Telephone: (325) 657-4212
BRIAN DUNN Fire Chief Fire Department City of San Angelo P.O. Box 1751 San Angelo Texas, 76902-1751 Email: [email protected] Telephone: (325) 657-4355
It is the sole responsibility of the Respondent to ensure that the sealed RFB submittal arrives at the above location by the specified deadline regardless of method chosen by the firm for delivery.
3.1. Pre-Bid Walk-Thru A Pre-Bid Walk-Thru will be held at 4702 Southland on Thursday, February 3, 2012 from 3:00 PM to 4:30 PM. Representatives of the City will be available to discuss Bid procedures.
3.2. Proposal/Bid Interpretation Any explanation desired by a Respondent regarding the meaning or interpretation of the invitation, drawings, specifications, etc. must be requested in writing five (5) days prior to the deadline to the Purchasing Department, City of San Angelo, P.O. Box 1751, San Angelo, TX 76902-1751 to allow sufficient time for evaluation and reply to all prospective Respondents before the submission of their bids. The bid invitation number must appear on all correspondence, inquiries, etc. pertaining to the invitation. Oral explanations or instructions given before the award of the contract are not binding and do not form a part of or alter in any way, the written agreement.
3.3. Specifications Respondents are expected to examine all specifications herein and are responsible for the inspection of the property and should satisfy themselves of the condition of the property. It is the Respondent’s responsibility for inspections, maintenance, repairs, etc... Such inspections will be at the expense of the Respondent. The Respondent will be responsible for being familiar with the property and its condition. FAILURE to do so will be at the Bidder’s risk.
3.4. Sale “As is” Property will be sold “as is” without warranty. 3.5. Bid Security All bids shall include a bid security in the amount of $1,500.00, which will be applied toward the purchase price. Only Money Orders and Certified Checks are accepted; and are to be made out to the City of San Angelo. The Bid securities will be returned to all unsuccessful Respondents within ten (10) business days of the City Council award of bid. 3.6. Default in Purchase If Respondent is awarded the bid and fails to purchase the property, Bidder agrees to forfeit the security amount in addition to any amount required by the Bill of Sale to the City.
3.7. Execution of Bill of Sale Within ten (10) business days of awarding the bid, Bidder will execute a Bill of Sale in substantially form which attached hereto. 3.8. Corrections, Additions, Or Deletions Corrections, additions, or deletions to any portion of the invitation will be in the form of a written amendment or addendum. 3.9. Authorized Signature Bids must show Respondent’s name, address, and be manually signed. The person signing the bid must have authority to execute contract. Any erasures or other changes must be initialed by the person signing the offer. If Respondent is married, the spouse must also sign the bid, unless the property will be purchased with separate property funds.
3.10. Modification Or Withdrawal Of Bids Bid pricing CANNOT be altered or amended after the closing time. Bids may be modified or withdrawn prior to the closing hour and date by written notice to the Purchasing Department. A bid may also be withdrawn in person by a Respondent or his authorized agent, provided his identity is made known and he signs a receipt for the bid. No bid may be withdrawn after the closing time and date without acceptable reason in writing and with approval of the Purchasing Department.
3.11. Contingency No Contingency Contracts will be accepted.
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3.12. Pick-Up Date Property must be removed from 4702 Southland within thirty (30) days after Notice of Award. In the event Bidder pays for the Property but fails to remove the Property within the time specified, the Bidder forfeits his rights to the Property and Bid Security; and ownership of the Property reverts back to the City.
3.13. Reservations The City expressly reserves the right to accept, reject, or cancel all bids AND:
Waive any defect, irregularity, or informality in any bid or bidding procedure. Extend the bid closing time and date. Reissue a bid invitation or proposal.
Consider and accept an alternate bid as provided herein when most advantageous to the City.
Extend any contract when most advantageous to the City.
3.14. Submission Of Bids Sealed bids are to be returned by the closing time and date stated in the Deadlines and Delivery Options Section, page 3. Faxed bids will not be accepted. 3.15. Closing Time & Date All bids must be returned in sufficient time to be received in the Purchasing Department on or before the advertised closing date and time
3.16. Late Bids Bids received after the advertised closing time and date regardless of the mode of delivery, will be refused and returned unopened.
3.17. Acceptance Acceptance of Respondent’s offer will be notified by telephone and/or mail after final approval and acceptance of its offer by the San Angelo City Council.
4.1. Invoices & Payments This sale is a cash sale. Payment is due in full, no later than ten (10) days after bid has been awarded.
4.2. Gratuities The City may, by written notice to the Buyer, cancel this contract without liability to Respondent if it is determined by the City that gratuities were offered from an agent or representative of the Buyer to any officer or employee of the City with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations in respect to the performing of such contract. In the event this contract is canceled by the City, remedies to recover or withhold the amount of the cost shall be incurred by Buyer in providing such gratuities.
4.3. No Warranty By City Against Infringements The City does not make any Warranties or Guaranties, expressed or otherwise, except as provided for in the Bill of Sale.
4.4. Right of Inspection Respondent shall have the right to inspect the property before bidding on it.
4.5. Cancellation Any cancellation of Bill of Sale shall be in accordance with the terms herein and the Bill of Sale.
4.6. Assignment-Delegation No right or interest in the Bill of Sale shall be assigned nor shall any delegation of any obligation made by Buyer be valid without the written permission of the City. Any attempted assignment or delegation by Buyer shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 4.7. Waiver No claim or right arising out of a breach of Bill of Sale can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 4.8. Modifications This contract can be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents. 4.9. Applicable Law This agreement shall be governed by the all applicable laws. 4.10. Legal Venue Venue shall be in Tom Green County, Texas. 4.11. Advertising Buyer shall not advertise or publish, without the City prior consent, the fact that the City has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the Federal, State, or Local government. 4.12. Conflict of Interest Buyer agrees to comply with the conflict of interest provisions of the Texas State Law and the City of San Angelo Charter and Code of Ordinances. Buyer agrees to maintain current, updated disclosure of information on file with the Purchasing Department throughout the term of the Bill of Sale, as applicable.
4.13. Award Criteria The property will be awarded to the Respondent who submits the highest qualified bid. Final approval and acceptance rests with the San Angelo City Council.
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BILL OF SALE Date: Seller: City of San Angelo, Texas, a Texas home rule municipal corporation P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Buyer: Description of Property Sold (hereinafter the “Property”): A used 24’ x 64’ Modular Manufactured Building, manufactured by RMD
Manufacturing, LTD., 2008, Model No. 1254, Serial No. 4543-A & 4543-B. Modular Building is further identified and described in the documents, conditions, and addenda comprising the Request for Bids, City of San Angelo Purchasing/Property Management, 24’ x 64’ Modular Manufactured Building No. PRO-01-12 (RFB No. PRO-01-12).
Consideration: By the execution hereof, Seller acknowledges receipt of $ , as full consideration for the Property. NOW THEREFORE for the good and valuable consideration set forth herein, the receipt and sufficiency of which is acknowledged, Seller hereby sells, and transfers to the Buyer the Property above described; and, Seller covenants with Buyer that Seller is the lawful owner of the Property, that it is free from all encumbrances, that Seller has good right to sell the Property, and that Seller will warrant and defend the same against the lawful claims and demands of all persons lawfully claiming or to claim the same when the claim is by, through, or under Seller, but not otherwise. The property is sold, transferred and conveyed by Seller to Buyer “AS IS” AND “WHERE IS”, without warranty, expressed or implied. Buyer has been advised to carefully inspect the Property personally or to obtain inspection from such qualified persons as Buyer deems necessary. AS A MATERIAL PART OF THE CONSIDERATION THE DESCRIBED PROPERTY IS SOLD AND TRANSFERRED "AS-IS" WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AS
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TO THE CONDITION OR SUITABILITY FOR USE OF THE PROPERTY. BY ACCEPTING THIS BILL OF SALE, BUYER REPRESENT THAT: BUYER IS NOT RELYING ON ANY REPRESENTATION OF SELLER; THAT BUYER HAS HAD ADEQUATE OPPORTUNITY TO INSPECT THE PROPERTY OR TO HAVE THE PROPERTY INSPECTED; THAT BUYER IS RELYING UPON BUYER’S INSPPECTION OF THE PROPERTY; AND THAT BUYER ACCEPTS THE PROPERTY "AS-IS" AND “WHERE IS”. ATTEST: CITY OF SAN ANGELO, Seller: BY: Alicia Ramirez Harold Dominguez City Manager STATE OF TEXAS § COUNTY OF TOM GREEN §
This instrument was acknowledged before me on the _____ day of ________________, 2012, by Harold Dominguez, City Manager of the CITY OF SAN ANGELO, a Texas home rule municipal corporation, on behalf of said corporation pursuant to resolution of its governing body.
Notary Public, State of Texas
ACCEPTANCE OF BUYER Buyer hereby accepts the described Property “AS IS” and “WHERE IS”, and takes possession thereof on the terms and conditions herein stated. _________________________, Buyer STATE OF TEXAS § COUNTY OF TOM GREEN §
This instrument was acknowledged before me on the _____ day of ________________, 2012, by ______________________________.
Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local governmental entity make certain disclosures concerning any affiliation or business relationship that might cause a conflict of interest with the local governmental entity. The provisions of Chapter 176 and the Form CIQ questionnaire that you must complete, if applicable, to comply with this new law, are available and explained in more detail at the Texas Ethics Commission website at http://www.window.state.tx.us/procurement/prog/hub/
A current list of City of San Angelo and City of San Angelo Development Corporation officers is available in
the office of the City of San Angelo City Clerk, Room 201 of City Hall or on the City’s website at http://sanangelotexas.org. If you are considering doing business with the City of San Angelo or the City of San Angelo Development Corporation and have an affiliation or business relationship that requires you to submit a completed Form CIQ, it must be filed with the records administrator (City Clerk) of the City of San Angelo not later than the 7th business day after the date you become aware of facts that require the form to be filed. See Section 176.006, Texas Local Government Code. It is a Class C misdemeanor to violate this provision.
By Submitting a response to a City of San Angelo or City of San Angelo Development Corporation Request
for Proposals, Request for Bids, or Request for Qualifications or by conducting business with either of those two entities, you are representing that you are in compliance with the requirements of Chapter 176 of the Texas Local Government Code.
���������� ��Division Manager, Purchasing
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Intentionally Left Blank
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CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. By law, this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowing violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor.
OFFICE USE ONLY
Date Received
1. Name of person doing business with local governmental entity.
2. Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3. Name of local government officer with whom filer has affiliation or business relationship.
_______________________________________________ Name of Officer
This section, (item 3 including subparts A, B, C & D, must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a),. Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire?
Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of ten (10) percent or more?
Yes No
D. Describe each employment of business relationship with the local government officer named in this section.
4. ___________________________________________________ __________________ Signature of person doing business with the governmental entity Date
Section 271.9051 of the Texas Local Government Code “CONSIDERATION OF LOCATION OF BIDDERS PRINCIPAL PLACE OF BUSINESS”: In accordance with Section 271.9051 of the Texas Local Government Code, if a local government receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five (5%) percent of the lowest bid price received from a bidder who is not a resident of the municipality, the municipality may enter into a contract with (a) the lowest bidder or (b) the bidder whose principal place of business is in the municipality if the governing body of the local government determines, in writing, that the local bidder offers the local government the best combination of contract price and additional economic development opportunities for the local government created by the contract award, including the employment of residents of the local government and increased tax revenues to the local government. Local Preference Consideration DOES NOT apply to Construction Projects, Telecommunication and Information Technology Bids or any purchases $100,000.00 or greater. If you DO NOT have your principal place of business located within the City of San Angelo city limits – STOP – do not fill out this form.
This “Application For Local Preference Consideration” does not mean that the City of San Angelo is limiting responses to this request for bids/proposals to only those businesses located within the city limits. All bids/proposals are welcome.
Bidders who wish to qualify under the local preferences law must have their principal place of business located within the San Angelo city limits.
If your principal place of business is within the San Angelo city limits and you want to apply for local preference consideration, then you must:
1. Complete the Local Preference Consideration Application, and 2. Describe in writing and attach supporting documentation, the additional economic development
opportunities for the City of San Angelo that will be created if you are awarded this contract. Include the number of City of San Angelo residents that you will employ to complete this contract and the increased tax revenues that will be generated for the City of San Angelo if you are awarded this contract.
Business Name: Physical Address: Mailing Address: City: Zip Code: Business Type:
� Corporation – Indicate state of incorporation � Partnership – Indicate “general” or “limited” � Sole proprietorship
Basis For Preference (Check applicable box(s) if physical location of business is not within the City Limits of the City of San Angelo.
� The business is a partnership with residents of the City of San Angelo owning a majority beneficial interest in the partnership (Attach a list of partners with names and addresses).
� The business is a sole proprietorship owned by a resident of the City of San Angelo
(Attach name and address of owner). Attachments: Describe in writing, and attach supporting documentation, the additional economic development opportunities for the City of San Angelo that will be created if you are awarded this contract. Include the number of City of San Angelo residents that you will employ to complete this contract and the increased tax revenues that will be generated for the City of San Angelo if you are awarded this contract. CERTIFICATION: I hereby certify under penalty of perjury that the information which I have provided on this form is true and correct, that I am authorized to sign on behalf of the business set out above and if requested by the city will provide, within 10 days of notice, the necessary documents to substantiate the information provided. Authorized Representative Signature: Printed Name: _________________________________________________________________
(1) The prospective primary participant certifies to the best of its knowledge and belief that it and its principals:
(a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective primary participant shall attach an explanation to this proposal. Business Name _________________________________________ __________________ By: ______________________________________ Date Name and Title of Authorized Representative ______________________________________ Signature of Authorized Representative
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Instructions for Certification 1. By signing and submitting this proposal, the prospective participant is providing the certification set out below.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the determination whether to enter into this transaction. However, failure of the prospective participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the City of San Angelo determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available, the City of San Angelo may terminate this transaction for cause.
4. The prospective participant shall provide immediate written notice to the City of San Angelo to which this proposal is submitted if at any time the prospective participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549(13 CFR Part 145). You may contact the City of San Angelo for assistance in obtaining a copy of these regulations.
6. The prospective participant agrees by submitting this proposal that, should the proposed transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the City of San Angelo.
7. The prospective participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment And Suspension" provided by the City of San Angelo, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the City of San Angelo, the City of San Angelo may terminate this transaction for cause.
Bid Sheet RFB No: PRO-01-12 – Modular Manufactured Building
A. Refer to “Instructions to Respondents” before completing Bid Sheet. B. The Respondent is responsible for calling the City to determine if any addendums have been issued and
agrees that the prices(s) quoted reflect any changes or modifications created by any addendum(s). C. Complete the Local Preference form (If applicable). D. Complete the Suspension and Debarment form (REQUIRED). E. Submit (1) unbound original, (1) electronic copy of all submission form in PDF format on CD or USB Flash
Drive, and (1) complete copy of your bid (REQUIRED) F. No Minimum bid
ITEM APPRAISED VALUE
BID AMOUNT
PROPERTY DESCRIPTION: SOLD “AS IS” A used 24’ x 64’ Modular Manufactured Building, manufactured by RMD Manufacturing, LTD., 2008, Model No. 1264, Serial No. 4543-A & 4543-B.
$70,000 $
Balance of Bid Payable to the CITY OF SAN ANGELO within 14 days of Notice of Award. Property must be removed from 4702 SOUTHLAND within thirty (30) days after Notice of Award. If in thirty (30) days property is not claimed, property shall revert back to the City.
TOTAL BID $
BID SECURITY: $1,500.00 Money Order / Certified Check - (Made Payable to City of San Angelo) INCLUDED
# YES NO
���� BID(S) THAT DO NOT INCLUDE A BID SECURITY OF $1,500.00 WILL BE CONSIDERED NON-RESPONSIVE.
THE CITY OF SAN ANGELO RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS. Authorized Signature/Contact Information
Firm Name:
Mailing Address:
City, State Zip Code:
Authorized Signature:
Print Name: Date:
Tax ID/SS #:
Payment Terms:
Telephone: FAX:
Email: Bids which are not signed and dated or bids which do not comply with all of bid requirements herein, may be considered non-
responsive and may be rejected.
Adopted: 5/30/03Revised: 6/21/10
City of San Angelo
Memo Date: March 22, 2012
To: Mayor and Councilmembers
From: Scott Farris, Assistant Fire Chief
Subject: Agenda Item for 04/03/12 Council Meeting
Contact: Scott Farris, Fire Department, (325) 657-4355
Caption: Consent
Consideration of awarding RFB NO:PRO-02-12/Fire Station #5, 2727 Freeland Avenue.
Summary: RFB NO: PRO-02-12/Fire station #5 was posted, advertised, and sent to 9 parties. Two bids were received as shown on the bid tab attached. Mr. Miguel Duran has placed a bid in the amount of $61,100.00. We ask for the authorizing city manager or his designee to execute all documents necessary to complete this award. The description and location is the old Fire Station #5, 2727 Freeland Ave.
History: The new Fire Station # 5 located at 3351 Barry Ave. has opened and the old Fire Station #5 at 2727 Freeland Ave. is being sold.
Financial Impact: $61,100.00 – These funds will be used for additional improvements within the Fire Department.
Related Vision Item
(if applicable):
n/a
Other Information/ Recommendation:
Staff recommends awarding the bid to the successful bidder
Attachments: PUR PRO-02-12 Fire Station 5.pdf PUR PRO-02-12 - FIRE STATION 5 - Bid Tab.pdf
Presentation: n/a
Publication: n/a
Reviewed by Director:
Brian Dunn 03/19/2012
Approved by Legal:
Appraisal - $108,000
No. NO MINIMUM BID 1 35,000.00$ 2 61,100.00$ 3456789
Legal Description: Lot 7 & 8, Block 26, Mountain View AdditionAlso known as 2727 Freeland Avenue
Mr. Dennis Arhelger San Angelo TXSan Angelo Realtors Association San Angelo TXKenneth Barros San Angelo TXDoug Johnson San Angelo TXChris Cain San Angelo TXBill Butts Houston TX
Daniel Cardenas Fort Worth TXLee Robles San Angelo TXMiguel Duran San Angelo TX
3.� INSTRUCTIONS TO BIDDERS ............................................................................................................................ 5�
3.1.� PRE-BID WALK-THRU ................................................................................................................................ 5�3.2.� PROPOSAL/BID INTERPRETATION ............................................................................................................. 5�3.3.� SPECIFICATIONS ......................................................................................................................................... 5�3.4.� SALE “AS IS” ............................................................................................................................................. 5�3.5.� ACCESS TO PROPERTY .............................................................................................................................. 5�3.6.� BID SECURITY ............................................................................................................................................ 5�3.7.� DEFAULT IN PURCHASE ............................................................................................................................. 5�3.8.� COMMISSIONS ............................................................................................................................................ 5�3.9.� EXECUTION OF SALES CONTRACT ............................................................................................................ 5�3.10.� CORRECTIONS, ADDITIONS, OR DELETIONS ............................................................................................. 5�3.11.� AUTHORIZED SIGNATURE .......................................................................................................................... 5�3.12.� MODIFICATION OR WITHDRAWAL OF BIDS ............................................................................................... 5�3.13.� CONTINGENCY ............................................................................................................................................ 6�3.14.� DELIVERY DATE ......................................................................................................................................... 6�3.15.� RESERVATIONS .......................................................................................................................................... 6�3.16.� SUBMISSION OF BIDS ................................................................................................................................ 6�3.17.� CLOSING TIME & DATE .............................................................................................................................. 6�3.18.� LATE BIDS .................................................................................................................................................. 6�3.19.� ACCEPTANCE ............................................................................................................................................. 6�
4.� TERMS AND CONDITIONS ................................................................................................................................. 7�
4.1.� TITLE ........................................................................................................................................................... 7�4.2.� TITLE POLICY ............................................................................................................................................. 7�4.3.� UTILITIES .................................................................................................................................................... 7�4.4.� INVOICES & PAYMENTS .............................................................................................................................. 7�4.5.� GRATUITIES ................................................................................................................................................ 7�
This Table of Contents is intended as an aid and not as a comprehensive listing of the proposal package. Respondents are responsible for reading the entire proposal package and complying with all specifications.
ii
4.6.� WARRANTY-PRICE ..................................................................................................................................... 7�4.7.� NO WARRANTY BY CITY AGAINST INFRINGEMENTS ................................................................................. 7�4.8.� RIGHT OF INSPECTION ................................................................................................................................ 7�4.9.� CANCELLATION .......................................................................................................................................... 7�4.10.� ASSIGNMENT-DELEGATION ....................................................................................................................... 7�4.12.� MODIFICATIONS .......................................................................................................................................... 7�4.13.� APPLICABLE LAW ...................................................................................................................................... 7�
7.� BID FORMS ....................................................................................................................................................... 17�
1.1. General The City of San Angelo Purchasing/Property Management is requesting bids for the sale of Lots 7 & 8, Block 26, Mountain View Addition, San Angelo, Tom Green County, Texas; also known as Old Fire Station #5, located at 2727 Freeland Avenue. This property is a LOW RISE MULTI-FAMILY RESIDENCE (RM-1) ZONING DISTRICT. 1.2. Disqualification The Respondent may be disqualified for any of the following reasons:
• The Respondent is involved in any litigation against the City of San Angelo; • The Respondent is in arrears on any existing contract or has defaulted on a previous contract with
the City; • The Respondent is debarred, suspended, or otherwise excluded from or ineligible for participation
in State or Federal assistance programs.
1.3. Digital Format If Respondents obtained the bid specifications in digital format in order to prepare a proposal, the bid must be submitted in hard copy according to the instructions contained in this bid package. If, in its bid response, Respondents makes any changes whatsoever to the published bid specifications, the bid specification as published shall control. Furthermore, if an alteration of any kind to the bid specification is discovered after the contract is executed and is or is not being performed; the contract is subject to immediate cancellation without recourse. 1.4. Required Response The City requires a response to any RFB’s mailed to potential Respondents. Should a company receive an RFB, but choose not to bid on the project, then in order to remain on the City of San Angelo’s Potential Respondents List you must submit a “No Bid”. 1.5. No Bid Instructions To submit a No Bid, complete the Bid Sheet by entering “No Bid” on Line Item 1, complete the Contact Information section, and mail the Bid Sheet pages before the deadline. Firms that do not respond will be removed from the Respondents list. 1.6. Addenda Should specifications be revised prior to the deadline for submittals, the City’s Purchasing Department will issue an addendum addressing the nature of the change. Respondents must sign it and include it in the returned proposal package. Addenda will be posted on the City’s website and mailed to the Respondent’s list. Firm is responsible for contacting the City or checking the City’s website to determine if any addendums have been issued. 1.7. Interpretations All questions about the meaning or intent of the Contract Documents, including specifications shall be submitted to the City in writing. Replies will be issued by Addenda mailed, faxed, emailed, or delivered to all parties recorded by Owner as having received the bid documents. Questions received less than ten (10) days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral interpretations or clarifications will be without legal effect.
1.8. Confidentiality All bids submitted shall remain confidential. After award, proposals will be made available for public inspection. The City shall not be responsible for the confidentiality of any trade secrets or other information contained or disclosed in the proposal unless clearly identified as such.
1.9. Award of Contract The City reserves the right to accept or reject any or all bids, and to waive any informalities or irregularities in the RFB process. The City is an equal opportunity employer.
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1.10. Acceptance of Proposal Content Before submitting a proposal, each Respondent shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the performance of the contract and to verify any representations made by the City upon which the proposal will rely. If the Respondent receives an award, failure to have made such investigation and examinations will in no way relieve the Respondent from his obligation to comply in every detail with all provisions and requirements.
1.11. Copies Of Bid Tabulation Results For a copy of the Bid Tabulation results, send a self-addressed stamped envelope to: Purchasing Department, City of San Angelo, P.O. Box 1751, San Angelo, Texas 76902-1751
2.1. Deadline Sealed Request for Bids (RFB) submittals must be received and time stamped, February 9, 2012/2:00P.M. Local Time. The clock located in Purchasing will be the official time.
2.2. Copies
Submit (1) unbound original, (1) one electronic copy of all submission form in PDF format on CD or USB Flash Drive, and (1) complete copy of your bid. (Staples and binder clips are acceptable).
2.3. Sealed Envelope Formatting
Mark Sealed Bid Envelope: “RFB NO. PRO-02-12/Fire Station #5” 2.4. Delivery Envelope Formatting
Mark delivery envelope “Sealed Bid Enclosed”
2.5 Delivery Addresses:
USPS: City of San Angelo Purchasing Department RFB: PRO-02-12/Fire Station #5 P.O. Box 1751 San Angelo, Texas 76902-1751
DELIVERY SERVICES: City of San Angelo
Purchasing Department RFB: PRO-02-12/Fire Station #5 106 S. Chadbourne St., RM 204 San Angelo, Texas 76903
Faxed or electronically transmitted bids will not be accepted
2.6 Points Of Contact DIANA FARRIS PROPERTY MANAGER Purchasing Department City of San Angelo P.O. Box 1751 San Angelo Texas, 76902-1751 Email: [email protected] Telephone: (325) 657-4212
BRIAN DUNN Fire Chief Fire Department City of San Angelo P.O. Box 1751 San Angelo Texas, 76902-1751 Email: [email protected] Telephone: (325) 657-4355
It is the sole responsibility of the Respondent to ensure that the sealed RFB submittal arrives at the above location by the specified deadline regardless of method chosen by the firm for delivery.
3.1. Pre-Bid Walk-Thru A Pre-Bid Walk-Thru will be held at 2727 Freeland Avenue on Thursday, February 2, 2012 from 3:00 PM to 4:30 PM. Representatives of the City will be available to discuss Bid procedures. 3.2. Proposal/Bid Interpretation Any explanation desired by a Respondent regarding the meaning or interpretation of the invitation, drawings, specifications, etc. must be requested in writing seven (7) days prior to the deadline to the Purchasing Department, City of San Angelo, P.O. Box 1751, San Angelo, TX 76902-1751 to allow sufficient time for evaluation and reply to all prospective Respondents before the submission of their bids. The bid invitation number must appear on all correspondence, inquiries, etc. pertaining to the invitation. Oral explanations or instructions given before the award of the contract are not binding and do not form a part of or alter in any way, the written agreement.
3.3. Specifications Respondents are expected to examine all specifications herein and are responsible for the inspection of the property and should satisfy themselves of exact location of the property. It is the Respondent’s responsibility for inspections, zoning, environmental assessments, engineering studies, mechanical inspections, pest control, etc.. Such inspections will be at the expense of the Respondent. The Respondent will be responsible for being familiar with the property location and zoning. FAILURE to do so will be at the Bidder’s risk.
3.4. Sale “As is” Property will be sold “as is”, subject to ALL easements, blanket easements, rights-of-ways, covenants, conditions, zoning, restrictions, water rights, and all other restrictions or conditions, including physical conditions, whether recorded or not. 3.5. Access to Property The Respondent will be responsible for access to the Property to include construction of roadways. 3.6. Bid Security All bids shall include a bid security in the amount of $3,000.00, which will be applied toward the purchase price. Only Money Orders and Certified Checks are accepted; and are to be made out to the City of San Angelo. The Bid securities will be returned to all unsuccessful Respondents within ten (10) business days of the City Council award of bid. 3.7. Default in Purchase If Respondent is awarded the bid and fails to purchase the property, Bidder agrees to forfeit the security amount in addition to any amount required by the Sales Contract to the City of San Angelo. 3.8. Commissions Should a Respondent solicit representation from a Real Estate Licensee (Agent), the Respondent will be responsible for payment of commissions.
3.9. Execution of Sales Contract Within ten (10) business days of awarding the bid, Bidder will execute a Sales Contract in substantially form which attached hereto. 3.10. Corrections, Additions, Or Deletions Corrections, additions, or deletions to any portion of the invitation will be in the form of a written amendment or addendum. 3.11. Authorized Signature Bids must show Respondent’s name, address, and be manually signed. The person signing the bid must have authority to execute contract. Any erasures or other changes must be initialed by the person signing the offer. If Respondent is married, the spouse must also sign the bid, unless the property will be purchased with separate property funds.
3.12. Modification Or Withdrawal Of Bids Bid pricing CANNOT be altered or amended after the closing time. Bids may be modified or withdrawn prior to the closing hour and date by written notice to the Purchasing Department. A bid may also be withdrawn in person by a Respondent or his authorized agent, provided his identity is made known and he signs a receipt for
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the bid. No bid may be withdrawn after the closing time and date without acceptable reason in writing and with approval of the Purchasing Department.
3.13. Contingency No Contingency Contracts will be accepted.
3.14. Delivery Date Delivery of property shall occur as recognized in the Sales Contract and subject to approval by City Council.
3.15. Reservations The City expressly reserves the right to accept, reject, or cancel all bids AND:
Waive any defect, irregularity, or informality in any bid or bidding procedure. Extend the bid closing time and date. Reissue a bid invitation or proposal.
Consider and accept an alternate bid as provided herein when most advantageous to the City.
Extend any contract when most advantageous to the City.
3.16. Submission Of Bids Sealed bids are to be returned by the closing time and date stated in the Deadlines and Delivery Options Section, page 3. Faxed bids will not be accepted. 3.17. Closing Time & Date All bids must be returned in sufficient time to be received in the Purchasing Department on or before the advertised closing date and time
3.18. Late Bids Bids received after the advertised closing time and date regardless of the mode of delivery, will be refused and returned unopened.
3.19. Acceptance Acceptance of Respondent’s offer will be notified by telephone and/or mail after final approval and acceptance of its offer by the San Angelo City Council.
4.1. Title Title shall not pass to Buyer until the City Special Warranty Deed is fully executed and sales price is paid to the City in full.
4.2. Title Policy City will provide a Texas Owner’s Title Policy at the City’s expense.
4.3. Utilities The City makes no representation as to the availability of utilities or costs associated with utilities. It is the Buyer’s responsibility to determine availability and cost of utilities.
4.4. Invoices & Payments This sale is a cash sale, closed at a local title company. The City will not carry a note on this property.
4.5. Gratuities The City may, by written notice to the Buyer, cancel this contract without liability to Respondent if it is determined by City that gratuities were offered from an agent or representative of the Buyer to any officer or employee of the City with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations in respect to the performing of such contract. In the event this contract is canceled by City, remedies to recover or withhold the amount of the cost shall be incurred by Buyer in providing such gratuities.
4.6. Warranty-Price The Buyer warrants that no person or purchasing agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Buyer for the purpose of securing business. For breach or violation of the warranty, the City shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
4.7. No Warranty By City Against Infringements The City does not make any Warranties or Guaranties, expressed or otherwise, except as provided for in the Sales Contract.
4.8. Right of Inspection Respondent shall have the right to inspect the property before bidding on it.
4.9. Cancellation Any cancellation Sales Contract shall be in accordance with the terms herein and the Sales Contract.
4.10. Assignment-Delegation No right or interest in the Sales Contract shall be assigned nor shall any delegation of any obligation made by Buyer be valid without the written permission of the City. Any attempted assignment or delegation by Buyer shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 4.11. Waiver No claim or right arising out of a breach of Sales Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 4.12. Modifications This contract can be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents. 4.13. Applicable Law This agreement shall be governed by the all applicable laws. 4.14. Legal Venue Venue shall be in Tom Green County, Texas.
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4.15. Advertising Buyer shall not advertise or publish, without City’s prior consent, the fact that City has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the Federal, State, or Local government. 4.16. Conflict of Interest Buyer agrees to comply with the conflict of interest provisions of the Texas State Law and the City of San Angelo Charter and Code of Ordinances. Buyer agrees to maintain current, updated disclosure of information on file with the Purchasing Department throughout the term of the Sales Contract, as applicable.
4.17. Award Criteria The property will be awarded to the Respondent who submits the highest qualified bid. Final approval and acceptance rests with the San Angelo City Council.
THIS REAL ESTATE CONTRACT OF SALE (”Agreement”) is made by and between CITY OF SAN
ANGELO, a Texas home-rule municipal corporation whose address is P.O. Box 1751, 106 S. Chadbourne, San Angelo, Tom Green County, Texas 76902, (hereinafter “Seller”) and, _______________________________________________________________(hereinafter "Purchaser"), upon the terms and conditions set forth in this Agreement.
ARTICLE I
PURCHASE AND SALE
Seller agrees to sell and convey to Purchaser, and Purchaser agrees to purchase, the real property and any improvements thereon, commonly known and described as ________________________________________________________________________________________________________________________________________________________ (hereinafter “Property”), together with all and singular the rights and appurtenances pertaining to the property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below.
ARTICLE II
PURCHASE PRICE 2.01 Amount of Purchase Price
The purchase price for the Property shall be the sum of Dollars ($ -___.00).
2.02 Payment of Purchase Price The full amount of the Purchase Price shall be due and payable at the closing.
ARTICLE III CONDITIONS PRECEDENT TO PURCHASER'S OBLIGATIONS
The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to
the satisfaction of each of the following conditions precedent (any of which may be waived in whole or in part by Purchaser at or prior to the closing).
3.01 Preliminary Title Report
Within thirty-five (35) days after the date hereof, Seller shall cause (Title Company) to issue a preliminary title report (the "Title Report") accompanied by copies of restrictive covenants and all recorded documents referred to in the Preliminary Title Opinion affecting title such as easements, rights-of-way, liens and encumbrances. Purchaser shall give Seller written notice on or before the expiration of twenty-one (21) days after Purchaser receives the Preliminary Title Report of any condition of title as set forth in the report not acceptable to Purchaser. In that event Seller may, at Seller’s option, promptly undertake to eliminate or correct all unacceptable conditions of title to the reasonable satisfaction of Purchaser. If Seller chooses not to or is unable to correct the unacceptable conditions of title within twenty-one (21) days after receipt of the written notice thereof given by Purchaser, this Agreement shall thereupon immediately become null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser will be deemed to have approved all conditions of title disclosed by the preliminary title report to which Purchaser has made no timely objection as herein provided. 3.02 Survey
Purchaser at Purchaser’s option and expense may commission and be responsible for the expense of a survey of the Property. It is a condition precedent to Purchaser’s obligations under this Agreement that the survey not reveal a circumstance or condition relating to the Property that is unforeseen by the Purchaser. If such an unforeseen circumstance or condition is revealed by the survey, Purchaser may, at Purchaser’s option, terminate this Agreement by giving written notice of termination to the Seller at any time on or before the expiration of twenty-one
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(21) days after Purchaser receives the Preliminary Title Report as provided in paragraph 3.01 above. If Purchaser chooses not to give notice of an unforeseen circumstance or condition as provided by this paragraph, this condition precedent shall be deemed waived by the Purchaser.
3.03 Seller’s Performance
Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions
required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing.
ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER
Seller represents and warrants to Purchaser, as of the closing date, as follows: (1) Seller has received no notice of pending or threatened condemnation or similar proceeding
affecting the Property, nor to the knowledge of Seller is there any such proceeding contemplated by any governmental authority.
(2) Seller has no knowledge of any pending or threatened claim or proceeding relating to access to the
Property;
(3) The property is zoned for ; Seller has no knowledge of any non-conforming use or conditional use on the subject real property occurring within the preceding twelve months.
(4) There are no lawsuits, claims, attachments, executions, or other proceedings pending, or to the
Seller’s knowledge, threatened, against or involving the Property; (5) Seller is not a “foreign person” as that term is defined in §1445 of the Internal Revenue Code of
1986, as amended;
(6) Seller has not retained the services of a real estate broker and to Seller’s knowledge no broker fee is or will be due or payable relating to the sale and conveyance of the Property as contemplated by this Agreement.
(7) Seller expressly makes no representations or warranties pertaining to any buildings or residential
structures that may be located on the Property. Seller’s representations and warranties made herein shall survive closing of the transaction contemplated by this Agreement.
ARTICLE V CLOSING
The closing shall be held at the office of _______(Title Company) __ (referred to in this Agreement as
“Title Company”), ____________________, San Angelo, Texas, 76903 on or before the 90th day after the last party executes this Agreement or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date"). At the closing Seller shall:
(1) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed, in a form
acceptable to the title company, conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following:
(a) General real estate taxes for the year of closing and subsequent years not yet due and
payable, which shall be prorated between the parties to date of closing;
(b) Any exceptions and reservations approved by Purchaser pursuant to Article III hereof; and
(c) Any exceptions and reservations approved by Purchaser in writing; and
(2) Deliver to Purchaser actual, exclusive possession of the property.
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Costs, fees and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows:
(a) If sale is unconsummated, any fees or expenses owed to Title Company shall be paid out
of the escrow deposit;
(b) Appraisal fees shall be paid by Purchaser; (c) Premiums for Mortgagee’s Title Policy, if any, shall be paid by Purchaser; (d) Any escrow fee shall be paid by Purchaser; (e) Survey fees shall be paid by Purchaser;
(f) Attorney's fees shall be borne by and paid by the party at whose request the legal work
was performed. (g) Deed preparation and recording fees of same shall be paid by Seller; (h) Loan documents preparation and related recording fees, if any, paid by Purchaser; (i) Recording and copying costs shall be paid by Purchaser;
(j) Costs for tax certificates shall be paid by Seller.
ARTICLE VI BROKERS
It is understood and agreed that no brokers have been involved in the negotiation and consummation of this
Agreement.
ARTICLE VII ESCROW DEPOSIT
For the purpose of securing the performance of Purchaser under the terms and provisions of this
Agreement, Purchaser has delivered to the Title Company, the sum of Five Hundred Dollars ($500.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Agreement as provided in Article IX hereof. At the closing, the Escrow Deposit shall be paid to Seller and applied against the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions precedent to Purchaser’s obligations set forth in Article III have not been met, or, in the, opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the balance of the Escrow Deposit remaining after withholding escrow fees and costs incurred, shall be forthwith returned by the Title Company to Purchaser.
ARTICLE VIII
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may pursue any remedy to which Purchaser may be entitled at law or in equity, including: (1) enforce specific performance of this Agreement; (2) request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser, after duly deducting Title Company fees and expenses which have been incurred; and (3) bring suit for damages against Seller.
ARTICLE IX
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the Property for reason other than default of the Seller and if the conditions precedent to Purchaser's obligations set forth in Article III are satisfied, Seller shall have the right to: (1) bring suit for damages against Purchaser or (2) receive the entire Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for Purchaser’s breach of this Agreement
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ARTICLE X MISCELLANEOUS
10.01 Assignment of Agreement
This Agreement may not be assigned without the express written consent of Seller. 10.02 Survival of Covenants
Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein.
10.03 Notice
Any notice required or permitted to be delivered hereunder shall be deemed received when hand-delivered
or sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth below with the signature of the party.
10.04 Texas Law to Apply
This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in Tom Green County, Texas.
10.05 Parties Bound This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs,
executors, administrators, legal representatives, successors, and assigns where permitted by this Agreement.
10.06 Legal Construction In case any one or more of the provisions contained in this Agreement shall for any reason be held to be
invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never existed.
10.07 Prior Agreements Superseded
This Agreement constitutes the only agreement of the parties and supersedes any prior understandings or
written or oral agreements between the parties respecting the within subject matter.
10.08 Time of Essence Time is of the essence in this Agreement.
10.09 Gender Words of any gender used in this Agreement shall be held and construed to include any other gender, and
words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise.
10.10 The Term “Days”/Deadline
In this Agreement, the term “days” shall be construed to mean calendar days. All deadlines in this
Agreement expire at 5:00 p.m. Central Standard Time. If a deadline falls on a Saturday, Sunday, or national holiday, the deadline will be extended to the next day that is not on a Saturday, Sunday, or national holiday.
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10.11 Counterparts If this Agreement is executed in multiple counterparts, all counterparts taken together will constitute this
Agreement.
Dated and entered into this day of _____________, 2011. SELLER: CITY OF SAN ANGELO P.O. Box 1751
Attest: San Angelo, TX 76902-1751
Alicia Ramirez, City Clerk Harold Dominguez, City Manager
PURCHASER: __________________ _______
Title Company acknowledges receipt of Escrow Deposit (Earnest Money) in the amount of $500.00 and a copy of this
Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local governmental entity make certain disclosures concerning any affiliation or business relationship that might cause a conflict of interest with the local governmental entity. The provisions of Chapter 176 and the Form CIQ questionnaire that you must complete, if applicable, to comply with this new law, are available and explained in more detail at the Texas Ethics Commission website at http://www.window.state.tx.us/procurement/prog/hub/
A current list of City of San Angelo and City of San Angelo Development Corporation officers is available in
the office of the City of San Angelo City Clerk, Room 201 of City Hall or on the City’s website at http://sanangelotexas.org. If you are considering doing business with the City of San Angelo or the City of San Angelo Development Corporation and have an affiliation or business relationship that requires you to submit a completed Form CIQ, it must be filed with the records administrator (City Clerk) of the City of San Angelo not later than the 7th business day after the date you become aware of facts that require the form to be filed. See Section 176.006, Texas Local Government Code. It is a Class C misdemeanor to violate this provision.
By Submitting a response to a City of San Angelo or City of San Angelo Development Corporation Request
for Proposals, Request for Bids, or Request for Qualifications or by conducting business with either of those two entities, you are representing that you are in compliance with the requirements of Chapter 176 of the Texas Local Government Code.
���������� ��Division Manager, Purchasing
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Intentionally Left Blank
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CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. By law, this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowing violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor.
OFFICE USE ONLY
Date Received
1. Name of person doing business with local governmental entity.
2. Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3. Name of local government officer with whom filer has affiliation or business relationship.
_______________________________________________ Name of Officer
This section, (item 3 including subparts A, B, C & D, must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a),. Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire?
Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of ten (10) percent or more?
Yes No
D. Describe each employment of business relationship with the local government officer named in this section.
4. ___________________________________________________ __________________ Signature of person doing business with the governmental entity Date
Section 271.9051 of the Texas Local Government Code “CONSIDERATION OF LOCATION OF BIDDERS PRINCIPAL PLACE OF BUSINESS”: In accordance with Section 271.9051 of the Texas Local Government Code, if a local government receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five (5%) percent of the lowest bid price received from a bidder who is not a resident of the municipality, the municipality may enter into a contract with (a) the lowest bidder or (b) the bidder whose principal place of business is in the municipality if the governing body of the local government determines, in writing, that the local bidder offers the local government the best combination of contract price and additional economic development opportunities for the local government created by the contract award, including the employment of residents of the local government and increased tax revenues to the local government. Local Preference Consideration DOES NOT apply to Construction Projects, Telecommunication and Information Technology Bids or any purchases $100,000.00 or greater. If you DO NOT have your principal place of business located within the City of San Angelo city limits – STOP – do not fill out this form.
This “Application For Local Preference Consideration” does not mean that the City of San Angelo is limiting responses to this request for bids/proposals to only those businesses located within the city limits. All bids/proposals are welcome.
Bidders who wish to qualify under the local preferences law must have their principal place of business located within the San Angelo city limits.
If your principal place of business is within the San Angelo city limits and you want to apply for local preference consideration, then you must:
1. Complete the Local Preference Consideration Application, and 2. Describe in writing and attach supporting documentation, the additional economic development
opportunities for the City of San Angelo that will be created if you are awarded this contract. Include the number of City of San Angelo residents that you will employ to complete this contract and the increased tax revenues that will be generated for the City of San Angelo if you are awarded this contract.
Business Name: Physical Address: Mailing Address: City: Zip Code: Business Type:
� Corporation – Indicate state of incorporation � Partnership – Indicate “general” or “limited” � Sole proprietorship
Basis For Preference (Check applicable box(s) if physical location of business is not within the City Limits of the City of San Angelo.
� The business is a partnership with residents of the City of San Angelo owning a majority beneficial interest in the partnership (Attach a list of partners with names and addresses).
� The business is a sole proprietorship owned by a resident of the City of San Angelo
(Attach name and address of owner). Attachments: Describe in writing, and attach supporting documentation, the additional economic development opportunities for the City of San Angelo that will be created if you are awarded this contract. Include the number of City of San Angelo residents that you will employ to complete this contract and the increased tax revenues that will be generated for the City of San Angelo if you are awarded this contract. CERTIFICATION: I hereby certify under penalty of perjury that the information which I have provided on this form is true and correct, that I am authorized to sign on behalf of the business set out above and if requested by the city will provide, within 10 days of notice, the necessary documents to substantiate the information provided. Authorized Representative Signature: Printed Name: _________________________________________________________________
(1) The prospective primary participant certifies to the best of its knowledge and belief that it and its principals:
(a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective primary participant shall attach an explanation to this proposal. Business Name _________________________________________ __________________ By: ______________________________________ Date Name and Title of Authorized Representative ______________________________________ Signature of Authorized Representative
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Instructions for Certification 1. By signing and submitting this proposal, the prospective participant is providing the certification set out below.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the determination whether to enter into this transaction. However, failure of the prospective participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the City of San Angelo determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available, the City of San Angelo may terminate this transaction for cause.
4. The prospective participant shall provide immediate written notice to the City of San Angelo to which this proposal is submitted if at any time the prospective participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549(13 CFR Part 145). You may contact the City of San Angelo for assistance in obtaining a copy of these regulations.
6. The prospective participant agrees by submitting this proposal that, should the proposed transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the City of San Angelo.
7. The prospective participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment And Suspension" provided by the City of San Angelo, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the City of San Angelo, the City of San Angelo may terminate this transaction for cause.
8. BID SHEET RFB No: PRO-02-11 Fire Station #5 - 2727 Freeland Avenue A. Refer to “Instructions to Respondents” before completing Bid Sheet. B. The Respondent is responsible for calling the City to determine if any addendums have been issued and agrees
that the prices(s) quoted reflect any changes or modifications created by any addendum(s). C. Complete the Local Preference form (If applicable). D. Complete the Suspension and Debarment form (REQUIRED). E. Submit (1) unbound original, (1) electronic copy of all submission form in PDF format on CD or USB Flash Drive,
and (1) complete copy of your bid (REQUIRED) F. No Minimum bid
ITEM APPRAISED
VALUE BID AMOUNT
PROPERTY DESCRIPTION: Lots 7 & 8, Block 26, Mountain View Addition Also known as 2727 Freeland Avenue
$108,000.00
$
TOTAL BID $
BID SECURITY: $3,000.00
Money Order / Certified Check INCLUDED
# YES NO
���� BIDS THAT DO NOT INCLUDE A BID SECURITY OF $3,000.00 WILL BE CONSIDERED NON-RESPONSIVE.
THE CITY OF SAN ANGELO RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS. Authorized Signature/Contact Information
Firm Name:
Mailing Address:
City, State Zip Code:
Authorized Signature:
Print Name: Date:
Tax ID/SS #:
Payment Terms:
Telephone: FAX:
Email: Bids which are not signed and dated or bids which do not comply with all of bid requirements herein, may be considered non-responsive and may be rejected.
