NOTICE OF A PUBLIC MEETING
AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL
THE CITY OF SAN ANGELO, TEXAS
9:00 A.M. - Tu...
minutes, unless waived by a council member for all speaking on that matter. No individual will be
allowed to speak more th...
PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN
EFFECTIVE DATE (submitted by Interim Senior Plann...
from the intersection of Humble Road & North Bryant Boulevard. This property specifically occupies
the Lakeside Gardens Ad...
AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 10,
TRAFFIC CONTROL, OF THE SAN ANGELO CODE OF ORDINANCES,...
25. Consideration of approving various Board nominations by Council and designated Councilmembers:
a. Tax Increment Reinve...
PROCLAMATION
Whereas, Many children 15 years of age or younger will suffer the loss of one or both parents, an immediate
f...
THE CITY OF SAN ANGELO
___________________________
Dwain Morrison, Mayor
PROCLAMATION
WHEREAS, every year more than 1.58 million Americans living with life-limiting illness, and their
families, r...
___________________________
Dwain Morrison, Mayor
PROCLAMATION
WHEREAS,

International Education Week is a joint initiative of the U.S. Department of
Education and the U.S....
___________________________
DWAIN MORRISON, MAYOR
RESOLUTION
lwne 19,2073
WHEREAS, Dwain Morrison served as an ex-officio member of the
Howard college san Angelo Foundation...
CITY COUNCIL MINUTE RECORD
The City of San Angelo
Tuesday, October 15, 2013

Page 837
Vol. 104
OPEN SESSION

BE IT REMEMBE...
Page 838
Vol. 104

Minutes
October 15, 2013

OPEN SESSION
An invocation was given by Rev. Tim Davenport-Herbst of St. Paul...
Minutes
October 15, 2013

Page 839
Vol. 104

6002 Knickerbocker, Lot 1, Group 2, $343,335.00 (Glen Meadows Baptist Church)...
Page 840
Vol. 104

Minutes
October 15, 2013

CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO
T...
Minutes
October 15, 2013

Page 841
Vol. 104

2014-001291-00, WITH THE DEPARTMENT OF STATE HEALTH SERVICES ACCEPTING SAID
G...
Page 842
Vol. 104

Minutes
October 15, 2013

Addition, Block 2, Lots 8-11 and 0.8 acres of the Michael Himmer Survey 321, ...
Minutes
October 15, 2013

Page 843
Vol. 104

$20,000.00, Fy2014 Texas Department of State Health Services, Regional and Lo...
Page 844
Vol. 104

Minutes
October 15, 2013

Responding to a question from Councilmember Farmer, Health Director Sandra Vi...
Minutes
October 15, 2013

Page 845
Vol. 104

Public comment was made by Citizen Rick Abbott regarding the Gateway Planning...
Page 846
Vol. 104

Minutes
October 15, 2013

Responding to a question by Councilmember Farmer, Chief Tim Vasquez stated ci...
Minutes
October 15, 2013

Page 847
Vol. 104

A vote was taken on the motion on the floor. AYE: Fleming, Wardlaw, and Farme...
Page 848
Vol. 104

Minutes
October 15, 2013

FOLLOW UP AND ADMINISTRATIVE ISSUES
CONSIDERATION OF MATTERS DISCUSSED IN EXE...
City of San Angelo

Memo
Date:

October 3, 2013

To:

Mayor and Councilmembers

From:

Gary Ayers, Street & Bridge / Storm...
Reviewed by
Director:

Shane Kelton

Approved by
Legal:

NA
CITY OF SAN ANGELO
Bid Tabulation Summary/Street Paving Materials
RFB NO: SB-01-13 * September 25, 2013 2:00pm

CSA Materi...
CITY OF SAN ANGELO
Bid Tabulation/Street Paving Materials
RFB NO: SB-01-13 * September 25, 2013 2:00pm

A

Approx Qty
(Ton...
City of San Angelo

Memo
Date:

October 8, 2013

To:

Councilmembers

From:

Ryan Kramer, Vehicle Maintenance

Subject:

A...
This process is typically started early because of delays in manufacturing of the chassis and to be
put on a waiting list ...
City of San Angelo

Memo
Date:

October 10, 2013

To:

Mayor and Councilmembers

From:

Robert F. Bluthardt

Subject:

Age...
CITY OF SAN ANGELO
REQUEST FOR BID
RFB No: CH-01-13
Ralph Chase State Building
Carpet Replacement
RFB SUBMITTAL DEADLINE
S...
This Table of Contents is intended as an aid and not as a comprehensive listing of the
proposal package. Bidders are respo...
Intentionally Left Blank

ii
CITY OF SAN ANGELO

PURCHASING DEPARTMENT

72 West College Avenue, San Angelo, Texas 76903
Tel: (325) 657-4219 or 657-4220...
Bid Withdrawal
No bid may be withdrawn within a period of 60 days after the date fixed for opening bids
Copies of Bid Tabu...
1. CONTRACT DOCUMENTS
1.0. Instructions to Bidders
1.0.1. Bids
1.0.1.1.
Digital Format
If Bidder obtained the bid specific...
withdrawal any time prior to opening of Bids. Notice must be in writing. Notices by email, fax, or phone
will not be accep...
•

Does the bidder have a permanent place of business?

•

Does the bidder have adequate staff available to complete the p...
fully and solely responsible to verify pertinent information prior to bid time. Use of the information provided
in no way ...
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November 5, 2013 Agenda packet

  1. 1. NOTICE OF A PUBLIC MEETING AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, November 5, 2013 McNease Convention Center, South Meeting Room 500 Rio Concho Drive San Angelo, TX 76903 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 208, 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. Proclamations “International Education Week” at Angelo State University the week of November 18, 2013 thru November 22, 2013, to be accepted by Dr. Sharynn Tomlin, Professor/Executive Director of the Center for International Studies, Angelo State University Member, Texas Tech University System “Children’s Grief Awareness Day”, November 21, 2013, to be accepted by Executive Director of Hospice of San Angelo, Inc., David McBride “Hospice and Palliative Care Month”, month of November, to be accepted by Hospice of San Angelo Building Bridges Director, Melissa Vines D. Recognition Presentation of a Resolution to Mayor Dwain Morrison by Mr. Michael Boyd, President, Howard College San Angelo Foundation Board and Ms. Jamie Rainey, Executive Dean, Howard College San Angelo. Resolution expresses the Foundation’s sincerest appreciation to Mayor Morrison for nine years of outstanding service as an ex-officio member on The Howard College San Angelo Foundation Board 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. On public hearing items, public input will be received on each item immediately following the Council discussion and prior to any action on the item. Each member of the public should make their remarks from the podium and begin by stating their name. Remarks by each citizen will be limited to three to five City Council Agenda Page 1 of 6 November 5, 2013
  2. 2. minutes, unless waived by a council member for all speaking on that matter. No individual will be allowed to speak more than once on any one subject until every citizen wishing to comment has done so. I. REGULAR AGENDA: PUBLIC HEARING AND COMMENT 1. Discussion pertaining to City Council compliance with City Charter qualification requirements (Requested by Councilmember Self) II. CONSENT AGENDA 2. Consideration of approving the October 15, 2013 City Council Regular meeting minutes 3. Consideration of awarding bid(s) and authorizing the City Manager to execute any necessary related documents: a. SB-01-13: Street Materials, Crushed Stone& Asphalt (San Angelo, TX) and Vulcan Materials (San Antonio, TX), not to exceed $250,000.00 (submitted by  Street & Bridge/Stormwater Superintendent Gary Ayers) b. VM-10-13: Two Ambulance Chassis, Buyboard quote, $55,432.00 (submitted by Vehicle Maintenance Superintendent Ryan Kramer) c. VM-11-13: Two Ambulance Box Remounts, HGAC quote, $55,675.00 (submitted by Vehicle Maintenance Superintendent Ryan Kramer) 4. Consideration of awarding bid CH-01-13 for the Ralph Chase State Office Building-Flooring Replacement to Kiser Flooring Center (San Angelo, TX), in the amount of $79,464.00 and authorizing the City Manager to execute a contract, in substantially the attached from, between the City and Kiser Flooring Center (submitted by Ft. Concho Museum Manager Bob Bluthardt) 5. Consideration of adopting a Resolution authorizing the Mayor to execute a tax-resale (quitclaim) deed for the purpose of urban redevelopment, conveying all right, title and interest of the City of San Angelo, and all other taxing units interested in the tax foreclosure judgment (submitted by Real Estate Administrator Cindy Preas) a. 318 E 14th Street, (TR Logan Ent.), Lot 10, Block 1, A-1, Exall Addition, $750, B-05-0250-T 6. Consideration of authorizing the City Manager to execute the Interlocal Agreement, in substantially the attached form, between the City and Business Private Switch for Enhanced 9-1-1 Emergency Service with the Concho Valley Council of Governments for 9-1-1 emergency services in Tom Green County pursuant to Chapter 391 of the Local Government Code (submitted by IT Manager John Eades) 7. Consideration of adopting a Resolution authorizing the City Manager to execute a non-exclusive right-of-way encroachment license agreement, in substantially the attached form, with Texas Financial Bank permitting encroachment of certain improvements into the City’s right-of-way at 121 West Twohig Avenue, for a commercial building wall and planter cut outs in the sidewalk area of said rightof-way, and providing for related terms and conditions; and, finding a public purpose and benefit therein (submitted by Interim Development Services Director AJ Fawver) 8. Second Hearing and consideration of adopting an Ordinance amending Chapter 12 pertaining to Mobile Home Regulations of the Code of Ordinances, City of San Angelo AN ORDINANCE AMENDING CHAPTER 12 “PLANNING & DEVELOPMENT”, ARTICLE 12.500 “MOBILE HOME REGULATIONS”, OF THE SAN ANGELO CODE OF ORDINANCES BY AMENDING THE TITLE OF ARTICLE 12.500 TO READ, “MANUFACTURED HOME AND MOBILE HOME REGULATIONS”; RESTATING SECTION 12.503 “SKIRTING” BY ADDING MANUFACTURED HOMES AND PROVIDING AN EXCEPTION FOR LICENSED DEALERSHIPS AND RETAILERS; AMENDING SECTION 12.504 “TEMPORARY MOBILE HOME INSTALLATION” BY AMENDING THE SECTION TITLE TO “TEMPORARY MANUFACTURED HOME, MOBILE HOME OR BUILDING INSTALLATION”, AND RESTATING SUBPARAGRAPHS (a) AND (c) OF SAID SECTION TO REFERENCE MANUFACTURED HOME; City Council Agenda Page 2 of 6 November 5, 2013
  3. 3. PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE (submitted by Interim Senior Planner Jeff Hintz) 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 under the following sections:    Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding Red Arroyo Addition, Special Recreational Leases, and Lake Nasworthy Section 551.074(a) (1) to deliberate the appointment and employment of the Emergency Operations Coordinator position Section 551.074(a) (1) to deliberate the appointment and employment of the Economic Development Director position G. PUBLIC HEARING AND COMMENT 9. Consideration of and possible action on a Petition for Variance under the Code of Ordinances, Water Conservation and Drought Contingency Plan, Section 11.203 (e), to the allowable watering frequencies and time of day for newly planted landscape submitted by the San Angelo Independent School District (Requested by SAISD and presentation by Water Utilities Director Ricky Dickson) 10. Consideration of adopting documents as part of the 2009 Comprehensive Plan, to include: a. Lake Nasworthy sub-district concept; b. Lake Nasworthy master plan and implementation strategy (Presentation by Interim Development Services Director AJ Fawver and Gateway Planning Principal Scott Polikov) 11. First Public Hearing and consideration of introducing an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z13-28: Greg Huling 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: An unaddressed 5 acre tract, located approximately 280 feet south of the intersection of Southland Boulevard and Green Meadow Drive. This property specifically occupies the Community of Faith subdivision, Block 1, Section 1, Lots 1 & 2, in western San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to Low-Rise Multi-Family Residential (RM-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Interim Development Services Director AJ Fawver) 12. First Public Hearing and consideration of introducing an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-36: SAS Texas Properties LLC 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: An unaddressed tract, located approximately 800 feet south City Council Agenda Page 3 of 6 November 5, 2013
  4. 4. from the intersection of Humble Road & North Bryant Boulevard. This property specifically occupies the Lakeside Gardens Addition, Block One, Lots 28-31 in northwestern San Angelo, changing the zoning classification from Heavy Commercial (CH) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Interim Senior Planner Jeff Hintz) 13. First Public Hearing and consideration of introducing an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-34: The River San Angelo Church, Inc. 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: 5050 Lake Drive, located approximately 800 feet southeast of the intersection of North Chadbourne Street and Lake Drive; more specifically occupying the Julia A. Bailey Subdivision, being 4.384 acres out of the south part of Block 8, Lot 2, in northwest San Angelo, changing the zoning classification from Ranch & Estate (R&E) and General Commercial/Heavy Commercial (CG/CH) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Interim Senior Planner Jeff Hintz) 14. First Public Hearing and consideration of introducing an Ordinance authorizing abandonment of the complete unimproved 60-foot wide public right-of-way for Nelson Avenue extending north for a distance of 485 feet from Era Street, east of Block 3, Lots 8-13 of the Goodfellow Court Annex, and immediately west to property outside of the City Limits, -AND- an abandonment of the complete 13foot wide right-of-way for an alley extending west of Nelson Avenue and directly north of the Goodfellow Court Annex, Block 3, and adjacent to the entire northern length of Lot 8 of same subdivision in east San Angelo AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING UNIMPROVED STREET SEGMENT AND UNIMPROVED ALLEY SEGMENT TO WIT: a complete unimproved 60-foot wide public right-of-way for Nelson Avenue extending north for a distance of 485 feet from Era Street, east of Block 3, Lots 8-13 of the Goodfellow Court Annex, and immediately west to property outside of the City Limits, -AND- an abandonment of the complete 13-foot wide right-of- way for an alley extending west of Nelson Avenue and directly north of the Goodfellow Court Annex, Block 3, and adjacent to the entire northern length of Lot 8 of same subdivision in east San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS (Presentation by Interim Senior Planner Jeff Hintz) 15. Consideration and possible approval of a recommendation by the City of San Angelo Development Corporation (COSADC) to amend the COSADC FY 2014 budget by reducing account number 410580 Travel and Lodging from $18,000 to $10,000 and increasing Account 415310 City Services by $10,000 to address the cost of Public Information Office staff services provided to COSADC as approved by Council in August of 2012 (Presentation by Interim Economic Development Director Bob Schneeman) 16. Discussion and possible action related to solid waste collections and landfill management (Presentation by Operations Director Shane Kelton) 17. First Public Hearing and consideration of introducing an Ordinance amending Chapter 10, Traffic Control regarding the operation of golf carts City Council Agenda Page 4 of 6 November 5, 2013
  5. 5. AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 10, TRAFFIC CONTROL, OF THE SAN ANGELO CODE OF ORDINANCES, BY ADDING ARTICLE 10.1700, OPERATION OF A GOLF CART ON PUBLIC STREETS; REGULATING THE OPERATION OF GOLF CARTS ON PUBLIC STREETS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE (Presentation by Police Chief Tim Vasquez) 18. Consideration of providing City Staff direction relating to changing from traditional bidding (lowest responsible bidder) process to the Request For Competitive Seal Proposal process that provides selection criteria relating to local businesses (Presentation by Purchasing Manager Roger Banks) 19. Consideration and possible action on adopting a Resolution authorizing the Mayor to negotiate and execute a letter of intent among the cities of Abilene, Midland, and San Angelo, Texas for water supply development and delivery (Presentation by City Manager Daniel Valenzuela) 20. Consideration of authorizing funding and payment for City’s proportionate share of costs incurred for services pursuant to the Interlocal Agreement between cities of Abilene, Midland and San Angelo, effective April 9, 2011 (West Texas Water Partnership), for the quarterly invoice dated September 17, 2013 and October 29, 2013 (Presentation by Finance Director Tina Bunnell) 21. Consideration of adopting a Resolution in preparation for staff to provide for budget goals and policies that include the following options for terminating the wastewater payment in lieu of taxes transfer (Presentation by Budget Manager Morgan Chegwidden) 22. First public hearing and consideration of introducing an Ordinance amending the 2013-2014 Budget for a contract change order AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014, FOR A CONTRACT CHANGE ORDER (Presentation by Budget Manager Morgan Chegwidden) 23. First Public Hearing and consideration of introducing an Ordinance increasing the number of members on the Public Housing Authority from five (5) to seven (7) and other related provisions AN ORDINANCE AMENDING CHAPTER 2, ENTITLED “ADMINISTRATION”, ARTICLE 2.2700 ENTITLED “HOUSING AUTHORITY”, SECTION 2.2701 ENTITLED “CREATED; MEMBERS; TERMS”, OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, BY INCREASING THE NUMBER OF MEMBERS ON THE HOUSING AUTHORITY FROM FIVE (5) TO SEVEN (7); PROVIDING THAT TWO (2) MEMBERS BE TENANTS OF PUBLIC HOUSING; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE (Presentation by City Clerk Alicia Ramirez) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 24. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed City Council Agenda Page 5 of 6 November 5, 2013
  6. 6. 25. Consideration of approving various Board nominations by Council and designated Councilmembers: a. Tax Increment Reinvestment Zone: Dominic Santos (SMD3) to a full term October 2015 26. Consideration and nomination for Councilmember Marty Self, Single Member District 2 to serve as an ex-officio member on The Howard College San Angelo Foundation Board 27. Announcements and consideration of Future Agenda Items 28. Adjournment The City Council reserves the right to consider business out of the posted order, and at any time during the meeting, reserves the right to adjourn into executive session on any of the above posted agenda items which are not listed as executive session items and which qualify to be discussed in closed session under Chapter 551 of the Texas Government Code. Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Friday, November 1, 2013, at 5:00 P.M. /s/________________________ Alicia Ramirez, City Clerk City Council Agenda Page 6 of 6 November 5, 2013
  7. 7. PROCLAMATION Whereas, Many children 15 years of age or younger will suffer the loss of one or both parents, an immediate family member, or a close friend and loved one; and Whereas, The majority of children and teens grieving a loved one feel alone, misunderstood, and fearful, causing an inability to manage or even face their grief; and Whereas, Many adults and other children erroneously believe that grieving children and teens are resilient enough to "get over" their grief, which is why children and teens are often called "forgotten mourners"; and Whereas, The unresolved grief of children and teens who experience the death of a parent, an immediate family member, or a close friend may lead to depression, hopelessness, and other mental health issues, including anxiety disorders and substance abuse, later in life; and Whereas, Grief centers such as Hospice of San Angelo’s Building Bridges Program provide peer support to children and teens who have experienced the death of a parent, primary caregiver, sibling, family member, neighbor, or friend, offer comfort and guidance to young people and their families in their time of grief, and educate the community, including schools and businesses, on the profound effects that this type of personal loss has on children and teens; and Whereas, National Children's Grief Awareness Day is observed every year on the third Thursday in November to recognize and support grieving children and teens throughout the country during a part of the year when those mourning the loss of a loved one often feel alone and set apart from their peers; and Whereas, The permanent establishment of Children's Grief Awareness Day on the Thursday before the Thanksgiving holiday will raise public awareness about childhood bereavement and give the citizens of our fair community the opportunity to express their support for the thousands of children and teens living in San Angelo who have suffered the loss of a loved one by participating in recognized support events and wearing blue, and recognize the efforts of local grief centers, such as Hospice of San Angelo’s Building Bridges Program, for their work on behalf of grieving children and teens. NOW, THEREFORE, I, Dwain Morrison, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby proclaim and permanently designated the third Thursday in November of each year as “Children's Grief Awareness Day” in San Angelo in order to raise public awareness about childhood bereavement and give the citizens of our community the opportunity to express their support for the children and teens living in San Angelo who have suffered the loss of a loved one by participating in recognized support events and wearing blue, and recognize the efforts of local grief centers, such as Hospice of San Angelo’s Building Bridges Program, for their work on behalf of grieving children and teens. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 5TH day of November, 2013.
  8. 8. THE CITY OF SAN ANGELO ___________________________ Dwain Morrison, Mayor
  9. 9. PROCLAMATION WHEREAS, every year more than 1.58 million Americans living with life-limiting illness, and their families, receive care from the nation’s hospice programs in communities throughout the United States; WHEREAS, hospice and palliative care offer the highest quality of care to patients and families and bring comfort, love and respect to all those they serve; WHEREAS, hospice allows people to spend their final months surrounded by family and loved ones at home – wherever home may be; WHEREAS, hospice and palliative care professionals—including physicians, nurses, social workers, therapists, counselors, health aides, and clergy—providing comprehensive and compassionate care that make the wishes of each patient and family a priority; WHEREAS, more than 468,000 trained volunteers contribute 21 million hours of service to hospice program annually; WHEREAS, through pain management and symptom control, caregiver training and assistance, and emotional and spiritual support, patients are able to live as fully as possible through the journey at life’s end; WHEREAS, the commitment of more than 1,600 hospice providers, of which Hospice of San Angelo is one, the National Hospice and Palliative Care Organization, and the Department of Veterans Affairs have allowed the innovative program, We Honor Veterans, to thrive and ensure that Veterans find the compassion, care and dignity they deserve at the end of life; and WHEREAS, the provision of quality hospice and palliative care reaffirms our belief in the essential dignity of every person, regardless of age, health, or social status, and that every stage of human life deserves to be treated with the utmost respect and care. NOW, THEREFORE, I, Dwain Morrison, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby proclaim and permanently designated the month of November of each year as “Hospice and Palliative Care Month” and encourage all people to learn more about options of care and to share their wishes with family, loved ones, and their healthcare professionals. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 5TH day of November, 2013. THE CITY OF SAN ANGELO
  10. 10. ___________________________ Dwain Morrison, Mayor
  11. 11. PROCLAMATION WHEREAS, International Education Week is a joint initiative of the U.S. Department of Education and the U.S. Department of State; it celebrates the importance and benefits of international education in the United States and around the world; and WHEREAS, President Obama has stated, “All of us share this world for but a brief moment in time. The question is whether we spend that time focused on what pushes us apart, or whether we commit ourselves to an effort -- a sustained effort -- to find common ground, to focus on the future we seek for our children, and to respect the dignity of all human beings”; and WHEREAS, We are reminded that the challenges we face today are increasingly borderless; climate change, the environment, and the economy are but some of the issues that affect our daily lives and demand our attention on a global scale; and finding sustainable solutions is imperative and will require an unprecedented level of international cooperation; and WHEREAS, A complete education in the 21st century must teach our children about their interdependent world, and it must prepare them to be good leaders and good global citizens; and WHEREAS, International awareness and knowledge can help our children build the skills needed to communicate and cooperate with those from other nations and other cultures. And as they participate in international education and international exchange, our students can gain the knowledge and experiences to help them contribute to a sustainable future for all. NOW, THEREFORE, I, Dwain Morrison, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby proclaim the week of November 18, 2013 as “INTERNATIONAL EDUCATION WEEK 2013 - STRIVING FOR INTERNATIONAL EDUCATION: LEARNING MATTERS AROUND THE WORLD” as a chance to embrace the uniqueness of nations around the world as well as our similarities—to better understand how to work together and strongly urge everyone to join the Angelo State University International Studies Program in celebrating international education and international exchange. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 5th day of November, 2013. THE CITY OF SAN ANGELO
  12. 12. ___________________________ DWAIN MORRISON, MAYOR
  13. 13. RESOLUTION lwne 19,2073 WHEREAS, Dwain Morrison served as an ex-officio member of the Howard college san Angelo Foundation from March 2004 until March 2013, dedicating his time, knowledge and energ-y to the betterment of the Howard College San Angelo campus, and WHEREAS, Dwain Morrison carefully considered each foundation decision, shared thoughtful insight and demonstrated outstanding Ieadership based on moral and ethical principles, and STHEREAS, Dwain Morrison served the foundation through his sincere interest, wisdom and deliberate actions in regard to the welfare of the students, the college and the community. BE IT THEREFORE RESOLVED, that the Howard College San Angelo Foundation wishes to express our sincerest appreciation to Dwain Morrison for nine years of outstanding ,- service. ), ./ j,uzt'"-'^ -!A .,'". L '1u - a ''t; .l
  14. 14. CITY COUNCIL MINUTE RECORD The City of San Angelo Tuesday, October 15, 2013 Page 837 Vol. 104 OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 4:33 P.M., Tuesday, October 15, 2013, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized members of the Council, to-wit: Mayor, Dwain Morrison Councilmember Rodney Fleming Councilmember Marty Self Councilmember Johnny Silvas Councilmember Don Vardeman Councilmember H.R. Wardlaw Councilmember Charlotte Farmer were present and acting, with the exception of Councilmembers Silvas and Vardeman, thus constituting a quorum. Whereupon, the following business was transacted: Councilmember Wardlaw requested Executive Session item Section 551.074(a)(1) regarding the evaluation and duties of the City Manager be postponed until the full attendance by City Council. Council concurred. RECESS At 4:34 P.M., Mayor Morrison called a recess. RECONVENE At 4:45 P.M., Council reconvened, and the following business was transacted: EXECUTIVE/CLOSED SESSION At 4:45 P.M., Council convened 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 under the following sections: Section 551.071 (1)(a) to consult with attorney on pending or contemplated litigation; or (b) a settlement offer relating to ATMOS rates under rate review mechanism tariff; Section 551.071(1)(a) to consult with attorney on pending or contemplated litigation; (b) or a settlement offer to ACAP Health for clinical care engineering services for the City health insurance program; Section 551.072 to deliberate the purchase, exchange, lease, or value of real property for Hickory Water Supply Project relating to Ford Ranch located within McCulloch, Menard and Concho Counties; and, West Texas Water Partnership; and, Section 551.074(a)(1) to deliberate the evaluation and duties of the City Manager. RECESS At 5:27 P.M., Mayor New called a recess. RECONVENE At 5:40 P.M., Council reconvened, and the following business was transacted: FOLLOW UP AND ADMINISTRATIVE ISSUES CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION No action was taken on matters discussed in Executive/Closed Session.
  15. 15. Page 838 Vol. 104 Minutes October 15, 2013 OPEN SESSION An invocation was given by Rev. Tim Davenport-Herbst of St. Paul Presbyterian and pledge was led by Zach Fleming, son of City Council member Rodney Fleming and student at Wall Junior High School. PROCLAMATIONS AND RECOGNITIONS “Red Ribbon Week”, October 28th-November 1st, was accepted by Mary A. Payton, Prevention Coordinator, Alcohol & Drug Abuse Council for the Concho Valley. Ziphron Temple No. 100, Daughters of the Nile, “Every Child a Gem” Day, October 26, 2013, was accepted by Mary McGlamery, Ziphron Temple Representative. “Medical Assistants Recognition Week”, October 21, 15, 2013, was accepted by Sandy Buschardt, Medical Assisting Externship Coordinator, Career Services Coordinator, American Commercial College. Recognizing the City of San Angelo’s Neighborhood Paint and Clean-Up Blitz, winner of the Texas Municipal League Excellence Awards, City Spirit category for cities over 25,000 population; and, City of San Angelo’s A Creative Approach to Storm Water Education, winner of the Texas Municipal League Excellence Awards, Public Works category for cities over 25,000 population. Tim Archuleta honoring his 10 years of service at the San Angelo Standard Times. PUBLIC COMMENT Public comments were made by Councilmember Self regarding City Council’s compliance with City Charter qualification requirements and requested such be handled in open session at the next City Council meeting. Councilmember Wardlaw commented on the qualifications to run for office and commended him for bringing the matter forward. Public comments were made by Dr. James Phelps, Angelo State University professor, regarding the Emergency Management Manager vacancy. Mr. Valenzuela stated the hiring process has begun and assured Dr. Phelps there are numerous staff personnel with tremendous experience in this area. Further comments were made by Citizens Barbara Pratt commending City Council for holding an evening meeting; Vera Kirkpatrict, of Twin Oaks Prestonwood Addition, submitting to City Council a petition to remain as a single family resident zoning classification; Jerry Sea regarding the school bus stop on 19th Street; Rick Abbott, member of Lake Nasworthy Home Owners Association, regarding Z13-32; Dave Gurker regarding the quality of street maintenance and materials used; and Parks and Recreation Director Carl White promoting the River Fest event on October 18-19, 2013. Responding to a statement from Councilmember Farmer in her request to register her opinion to uphold the laws and charter of the City and request the City Attorney Lysia H. Bowling rendor an opinion whether there is a factual determination of such and to clarify there is no issue. Ms. Bowling advised to date no such determination has been made and Council may proceed with the meeting. Mayor Morrison stated due to deaths in their family, Councilmembers Vardeman and Silvas would not attend today’s meeting. CONSENT AGENDA APPROVAL OF THE SEPTEMBER 24, 2013 CITY COUNCIL SPECIAL MEETING AND OCTOBER 1, 2013 CITY COUNCIL REGULAR MEETING MINUTES AUTHORIZATION FOR THE SALE OF THE FOLLOWING 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
  16. 16. Minutes October 15, 2013 Page 839 Vol. 104 6002 Knickerbocker, Lot 1, Group 2, $343,335.00 (Glen Meadows Baptist Church) 6437 Lincoln Park Road East, Lot 10, Group Lincoln Park, $27,787.00 (Ramos) 1812 Shady Point Circle Drive, Lot 18, Group Shady Point, $76,808.00 (Barnes) 2650 Kings Road, Lot 47, Group Fishermans Road, $107,410.00 (Halfmann) ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A TAX-RESALE (QUITCLAIM) DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SAN ANGELO, AND ALL OTHER TAXING UNITS INTERESTED IN THE TAX FORECLOSURE JUDGMENT (Page 849, #2013-10-131) 1704 Magnolia Street, (Jamie), Lots 19 & 20, Block 4, Avondale, $3,011, Suit No. A-08-0080-T 2115 Brown Street, (Hernandez), N 50’ of S ½ of Lot 5, Block 3, Home Acres, $1,700, Suit No. B-03-0156-T 201 W 11th Street, (Hernandez), Lot 1, Block 72, Miles, $1,300, Suit No. B-03-0141-T 721 & 720 Traver Street, (Ortiz/Luna), Lots 13-15, Block 1, Spencer, $5,100, Suit No. D-11-0060-TAX 613 W 15th Street, (Perez), Lot 6, Block 5, Mineola Annex, $750, Suit No. B-94-0062-T 1811 Hudson Street, (Perez), N50’ of Lot 1, Block 2, Mineola Heights, $750, Suit No. TAX90-0179-B ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A TAX-RESALE (QUITCLAIM) DEED FOR THE PURPOSE OF URBAN REDEVELOPMENT, CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SAN ANGELO, AND ALL OTHER TAXING UNITS INTERESTED IN THE TAX FORECLOSURE JUDGMENT (Page 851, #2013-10-132) 2100 Lillie Street, (Feist), N 71.4’ of W 153’ of Lot 4 & S 28.82’ of W 153’ of Lot 5, Block 4, Home Acres Addition, $1,500, B-98-0129-T ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE TRANSFER AGREEMENT BETWEEN THE UNITED STATES OF AMERICA (“FAA”) AND CITY OF SAN ANGELO WHEREBY CITY ACCEPTS OWNERSHIP OF ASSETS DESCRIBED IN RESOLUTION #2012-11-159; BEING A KOHLER 175KW ENGINE GENERATOR, A 14’ X 22’ EG BUILDING SITUATED ON A CONCRETE PAD, AN ABOVE GROUND FUEL STORAGE TANK, A 4’ X 10’ STORAGE BUILDING SITUATED ON A CONCRETE PAD, LOCATED AT 8485 HANGAR ROAD, ANGELO REGIONAL AIRPORT – MATHIS FIELD (AIRPORT) AND FURTHER AUTHORIZING CITY MANAGER TO EXECUTE SUPPLEMENTAL LEASE AGREEMENT TO LEASE NO. DTFACN-13-L-00111, BETWEEN CITY OF SAN ANGELO AND THE UNITED STATES OF AMERICA, DELETING AFOREMENTIONED ASSETS FROM LEASE AGREEMENT AND UPDATE CLAUSES AS A GOVERNMENT REQUIREMENT (Page 853, #2013-10-133) ADOPTION OF A RESOLUTION RATIFYING THE APPLICATION FOR A STATE HOMELAND SECURITY PROGRAM (SHSP) SUBRECIPIENT GRANT UNDER FEDERAL GRANT AWARD NUMBER EMW-2013-SS-00045, IN THE SUM OF TWENTY-SEVEN THOUSAND NINE DOLLARS ($27,009.00), ACCEPTING THE AWARD OF SAID SHSP SUBRECIPIENT GRANT FUNDS, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE THE 2013 SUB-RECIPIENT AWARD AGREEMENT WITH THE TEXAS DEPARTMENT OF PUBLIC SAFETY / TEXAS HOMELAND SECURITY STATE ADMINISTRATIVE AGENCY (DPS / THSSA) TO ENABLE THE CITY OF SAN ANGELO/TOM GREEN COUNTY EMERGENCY OPERATIONS CENTER TO MAINTAIN WEBEOC SERVERS FOR RELIABLE EMERGENCY OPERATIONS COMMUNICATIONS (Page 855, #2013-10134) CONSIDERATION OF AWARDING AP-01-13, TO RURAL ELECTRIC, INC. FOR RUNWAY 3-21 HIGH INTENSITY RUNWAY LIGHTS (HIRL) REPLACEMENT PROJECT, IN THE AMOUNT OF $179,920.00, AT SAN ANGELO REGIONAL AIRPORT, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS (discussed in Regular Agenda)
  17. 17. Page 840 Vol. 104 Minutes October 15, 2013 CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO TASK ORDER NO. 16 AND ALL RELATED DOCUMENTS BETWEEN THE CITY OF SAN ANGELO AND KSA ENGINEERS FOR ARCHITECTURAL / ENGINEERING SERVICES IN THE AMOUNT OF $195,272.00, FOR UPDATE TO THE RENTAL CAR AREAS ASSOCIATED WITH THE TERMINAL BUILDING RENOVATIONS PROJECT AT SAN ANGELO REGIONAL AIRPORT (discussed in Regular Agenda) CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO EXECUTE TASK ORDER NO. 24 BETWEEN THE CITY OF SAN ANGELO AND KSA ENGINEERS FOR ARCHITECTURAL / ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $114,400.00, FOR AN ON SITE RESIDENT PROJECT REPRESENTATIVE INSPECTOR FOR THE REMAINDER OF THE TERMINAL BUILDING RENOVATIONS PROJECT AT THE SAN ANGELO REGIONAL AIRPORT (discussed in Regular Agenda) ADOPTION OF A RESOLUTION BY THE CITY OF SAN ANGELO, TEXAS (“CITY”), APPROVING A CHANGE IN THE RATES OF ATMOS ENERGY CORPORATION, MID-TEX DIVISION (“ATMOS”) AS A RESULT OF A SETTLEMENT BETWEEN ATMOS AND THE ATMOS TEXAS MUNICIPALITIES (“ATM”) UNDER THE RATE REVIEW MECHANISM; FINDING THE RATES SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; DIRECTING ATMOS ENERGY TO REIMBURSE THE CITY’S RATE-CASE EXPENSES; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THE RESOLUTION TO THE COMPANY AND LEGAL COUNSEL (Page 857, #2013-10-135) ADOPTION OF A RESOLUTION ACCEPTING THE DEPARTMENT OF JUSTICE 2013 BULLETPROOF VEST PARTNERSHIP GRANT IN THE AMOUNT OF $8,731.00 AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SUCH GRANT AWARD AND RELATED DOCUMENTS AS MAY BE NECESSARY OR CONVENIENT FOR ACCEPTANCE OF THE GRANT (Page 873, #2013-10-136) CONSIDERATION OF ADOPTING A RESOLUTION RATIFYING THE APPLICATION AND ACCEPTING A FY2014 TEXAS DEPARTMENT OF STATE HEALTH SERVICES, PUBLIC HEALTH EMERGENCY PREPAREDNESS (PHEP) GRANT IN THE SUM OF NINETY-NINE THOUSAND SEVENTY-NINE DOLLARS ($99,079.00), AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE CONTRACT 2014-001269-00, WITH THE DEPARTMENT OF STATE HEALTH SERVICES ACCEPTING SAID GRANT FUNDS AND OBLIGATING THE CITY TO A TEN PERCENT (10%) MATCH IN THE SUM OF NINE THOUSAND NINE HUNDRED AND EIGHT DOLLARS ($9,908.00) TO CARRY OUT CENTERS FOR DISEASE CONTROL PUBLIC HEALTH EMERGENCY PREPAREDNESS GOALS (discussed in Regular Agenda) CONSIDERATION OF ADOPTING A RESOLUTION RATIFYING THE APPLICATION AND ACCEPTING A FY2014 TEXAS DEPARTMENT OF STATE HEALTH SERVICES, REGIONAL LOCAL SERVICES SYSTEM (RLSS)/LOCAL PUBLIC HEALTH SERVICES (LPHS) PART B GRANT FUNDS IN THE SUM OF TWENTY THOUSAND DOLLARS ($20,000.00), AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE CONTRACT 2014-001317-00, WITH THE DEPARTMENT OF STATE HEALTH SERVICES ACCEPTING SAID GRANT FUNDS TO ADDRESS PUBLIC HEALTH IMMUNIZATION AND DISEASE PREVENTION ACTIVITIES AND SERVICES (discussed in Regular Agenda) CONSIDERATION OF ADOPTING A RESOLUTION RATIFYING THE APPLICATION AND ACCEPTING A FY2014 TEXAS DEPARTMENT OF STATE HEALTH SERVICES, REGIONAL AND LOCAL SERVICES SYSTEM (RLSS)/LOCAL PUBLIC HEALTH SERVICE (LPHS) GRANT IN THE SUM OF $119,433.00, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE CONTRACT
  18. 18. Minutes October 15, 2013 Page 841 Vol. 104 2014-001291-00, WITH THE DEPARTMENT OF STATE HEALTH SERVICES ACCEPTING SAID GRANT FUNDS TO ADDRESS PUBLIC HEALTH ENVIRONMENTAL AND FOOD SAFETY ISSUES (discussed in Regular Agenda) CONSIDERATION OF ADOPTING A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CONCHO VALLEY CENTER FOR HUMAN ADVANCEMENT D/B/A MHMR SERVICES TO FUND COMMUNITY MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS AND SERVICES FOR THE 2013-2014 FISCAL YEAR IN THE SUM OF FIFTY-FIVE THOUSAND FOUR HUNDRED TWENTY-THREE DOLLARS ($55,423.00); AND PROVIDING FOR AN EFFECTIVE DATE (discussed in Regular Agenda) ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY AND THE SAN ANGELO AREA FOUNDATION FOR CONSTRUCTING AND MAINTAINING ONE AWNING ON THE WEST SIDE OF IRVING STREET AND TWO AWNINGS ON THE NORTH SIDE OF CONCHO STREET OVER SIDEWALK AREA AT THE NORTHWEST CORNER OF THE INTERSECTION OF WEST CONCHO AVENUE WITH SOUTH IRVING STREET, AND SUCH OTHER INSTRUMENTS AS MAY BE NECESSARY OR CONVENIENT FOR CARRYING OUT SUCH PURPOSES; AND, FINDING A PUBLIC PURPOSE AND BENEFIT THEREIN (Page 875, #2013-10-137) ADOPTION OF A RESOLUTION APPROVING THE FIRST AMENDED CONVENTION AND VISITORS BUREAU CONTRACT TO AMEND THE PAYMENT SCHEDULE FROM QUARTERLY TO MONTHLY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT (Page 877, #2013-10-138) SECOND HEARING AND ADOPTION OF THE AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 879, #2013-10-139) Z13-27: Greg Huling 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: An unaddressed 17.91 acre tract, located at the southeast corner of the intersection of South Chadbourne Street and Christoval Road. This property specifically occupies the C Potter Survey 160, Abstract 7278, in southeast San Angelo, changing the zoning classification from Light Manufacturing (ML), Ranch & Estate (R&E) and Heavy Commercial (CH) to Light Manufacturing (ML) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 881 #201310-140) Z13-31: Baptist Memorials Ministries 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: 902, 904, 916 Holcomb Street and 426 and 428 East 8th Street, specifically occupying the proposed subdivision approved August 19, 2013 by the Planning Commission, entitled, Baptist Retirement Community AL-MC Houses, Section 1, Block 1, Lot 1, being a replat of Cornick's
  19. 19. Page 842 Vol. 104 Minutes October 15, 2013 Addition, Block 2, Lots 8-11 and 0.8 acres of the Michael Himmer Survey 321, Abstract 355, in northern San Angelo, changing the zoning classification from Two-Family Residential (RS-2) to Multi-Family Residential (RM-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY SECOND HEARING AND CONSIDERATION OF ADOPTING AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (discussed in Regular Agenda) Z 13-32: Fleet Equipment Leasing, LLP. 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: An unaddressed tract occupying a 25.822 acres tract located south of Red Bluff Road and Hillside Drive; more specifically being 25.822 acres out of 96.314 acres of the Christoph Voight Survey 181, Abstract 3931 and Carl Dammann Survey 180, Abstract 141 in far southwest San Angelo. This property is described on a Preliminary Plat titled “The Canals at Lake Nasworthy” and occupies all of Blocks 6 and 7, changing the zoning classification from a Ranch & Estate (R&E) to a Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 883, #201310-141) Z 13-33: COSA Planning Commission 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: 5237 South Bryant Boulevard, located approximately 700 feet south from the intersection of South Bryant Boulevard Frontage Road and Kimrey Lane. This property specifically occupies the Parkview Acres Addition, portions of Blocks 9 & 10 being 3.0966 acres in southern San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Office Commercial (CO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY SECOND HEARING AND ADOPTION OF AN ORDINANCE AUTHORIZING ABANDONMENT OF A PUBLIC RIGHT-OF-WAY FOR "COUNTY ROAD" EXTENDING APPROXIMATELY 400’ NORTHEAST OFF OF LINK ROAD, IMMEDIATELY WEST OF THE CONCHO RIVER ESTATES, BLOCK 34, IN SOUTHERN SAN ANGELO (Page 885, #2013-10-142) AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 400 foot x 60 foot street segment situated approximately 2,600 feet northwest of the intersection of Link Road and Christoval Road along Link Road, immediately west of the Concho River Estates, Block 34, in southern San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS City Council requested the following items be considered in Regular Agenda: AP-01-13, Amendment No. 2 to Task Order No. 16 KSA Engineers for architectural / engineering services, Task Order No. 24 KSA Engineers for architectural / engineering services, FY2014 Texas Department of State Health Services, Public Health Emergency Preparedness (PHEP) grant for $99,079.00, FY2014 Texas Department of State Health Services, Regional Local Services System (RLSS)/Local Public Health Services (LPHS) Part B grant funds for
  20. 20. Minutes October 15, 2013 Page 843 Vol. 104 $20,000.00, Fy2014 Texas Department of State Health Services, Regional and Local Services System (RLSS)/Local Public Health Service (Lphs) grant for $119,433.00, Concho Valley Center for Human Advancement d/b/a MHMR Services, and Z 13-32: Fleet Equipment Leasing, LLP. Motion, to approve the Consent Agenda, as presented, was made by Councilmember Fleming and seconded by Councilmember Farmer. Motion carried unanimously. REGULAR AGENDA: PUBLIC HEARING AND COMMENT AWARD OF AP-01-13, TO RURAL ELECTRIC, INC. FOR RUNWAY 3-21 HIGH INTENSITY RUNWAY LIGHTS (HIRL) REPLACEMENT PROJECT, IN THE AMOUNT OF $179,920.00, AT SAN ANGELO REGIONAL AIRPORT, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS Responding to a question by Councilmember Farmer, Airport Director Luis Elguezabal presented background information verifying no General Fund monies will be expended on the projects. Mr. Valenzuela informed the directors are held responsible for monitoring their respective contracts as well as following the specified purchasing policy. Mr. Elguezabal provided a brief update on the project. Public comment was made by Citizen Lee Bell. Motion, to award the bid, as presented, was made by Councilmember Farmer and seconded by Councilmember Fleming. Motion carried unanimously. AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO TASK ORDER NO. 16 AND ALL RELATED DOCUMENTS BETWEEN THE CITY OF SAN ANGELO AND KSA ENGINEERS FOR ARCHITECTURAL / ENGINEERING SERVICES IN THE AMOUNT OF $195,272.00, FOR UPDATE TO THE RENTAL CAR AREAS ASSOCIATED WITH THE TERMINAL BUILDING RENOVATIONS PROJECT AT SAN ANGELO REGIONAL AIRPORT (SUBMITTED BY AIRPORT DIRECTOR LUIS ELGUEZABAL) Airport Director Luis Elguezabal presented background information and provided a brief update on the project. Motion, to authorize the amendment, as presented, was made by Councilmember Farmer and seconded by Councilmember Fleming. Motion carried unanimously. AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE TASK ORDER NO. 24 BETWEEN THE CITY OF SAN ANGELO AND KSA ENGINEERS FOR ARCHITECTURAL / ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $114,400.00, FOR AN ON SITE RESIDENT PROJECT REPRESENTATIVE INSPECTOR FOR THE REMAINDER OF THE TERMINAL BUILDING RENOVATIONS PROJECT AT THE SAN ANGELO REGIONAL AIRPORT Airport Director Luis Elguezabal presented background information and provided a brief update on the project. Motion, to authorize the amendment, as presented, was made by Councilmember Farmer and seconded by Councilmember Fleming. Motion carried unanimously. ADOPTION OF A RESOLUTION RATIFYING THE APPLICATION AND ACCEPTING A FY2014 TEXAS DEPARTMENT OF STATE HEALTH SERVICES, PUBLIC HEALTH EMERGENCY PREPAREDNESS (PHEP) GRANT IN THE SUM OF NINETY-NINE THOUSAND SEVENTY-NINE DOLLARS ($99,079.00), AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT 2014001269-00, WITH THE DEPARTMENT OF STATE HEALTH SERVICES ACCEPTING SAID GRANT FUNDS AND OBLIGATING THE CITY TO A TEN PERCENT (10%) MATCH IN THE SUM OF NINE THOUSAND NINE HUNDRED AND EIGHT DOLLARS ($9,908.00) TO CARRY OUT CENTERS FOR DISEASE CONTROL PUBLIC HEALTH EMERGENCY PREPAREDNESS GOALS (Page 887, #2013-10143)
  21. 21. Page 844 Vol. 104 Minutes October 15, 2013 Responding to a question from Councilmember Farmer, Health Director Sandra Villarreal clarified and provided a brief history of the grant. She noted staff is aware the positions are grant funded and employment is contingent on grant funding availability. Ms. Villarreal noted staff is seeking other grant funding alternatives. Motion, to adopt the Resolution, as presented, was made by Councilmember Farmer and seconded by Mayor Morrison. Motion carried unanimously. ADOPTION OF A RESOLUTION RATIFYING THE APPLICATION AND ACCEPTING A FY2014 TEXAS DEPARTMENT OF STATE HEALTH SERVICES, REGIONAL LOCAL SERVICES SYSTEM (RLSS)/LOCAL PUBLIC HEALTH SERVICES (LPHS) PART B GRANT FUNDS IN THE SUM OF TWENTY THOUSAND DOLLARS ($20,000.00), AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT 2014-001317-00, WITH THE DEPARTMENT OF STATE HEALTH SERVICES ACCEPTING SAID GRANT FUNDS TO ADDRESS PUBLIC HEALTH IMMUNIZATION AND DISEASE PREVENTION ACTIVITIES AND SERVICES (Page 889, #2013-10-144) Motion, to adopt the Resolution, was made by Councilmember Farmer and seconded by Mayor Morrison. Motion carried unanimously. ADOPTION OF A RESOLUTION RATIFYING THE APPLICATION AND ACCEPTING A FY2014 TEXAS DEPARTMENT OF STATE HEALTH SERVICES, REGIONAL AND LOCAL SERVICES SYSTEM (RLSS)/LOCAL PUBLIC HEALTH SERVICE (LPHS) GRANT IN THE SUM OF $119,433.00, AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT 2014-001291-00, WITH THE DEPARTMENT OF STATE HEALTH SERVICES ACCEPTING SAID GRANT FUNDS TO ADDRESS PUBLIC HEALTH ENVIRONMENTAL AND FOOD SAFETY ISSUES (Page 891, #2013-10-145) Motion, to adopt the Resolution, was made by Councilmember Farmer and seconded by Mayor Morrison. Motion carried unanimously. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CONCHO VALLEY CENTER FOR HUMAN ADVANCEMENT D/B/A MHMR SERVICES TO FUND COMMUNITY MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS AND SERVICES FOR THE 2013-2014 FISCAL YEAR IN THE SUM OF FIFTY-FIVE THOUSAND FOUR HUNDRED TWENTY-THREE DOLLARS ($55,423.00); AND PROVIDING FOR AN EFFECTIVE DATE (Page 893, #2013-10-146) Motion, to adopt the Resolution, was made by Councilmember Farmer and seconded by Mayor Morrison. Motion carried unanimously. SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 895, #201310-147) Z 13-32: Fleet Equipment Leasing, LLP. 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: An unaddressed tract occupying a 25.822 acres tract located south of Red Bluff Road and Hillside Drive; more specifically being 25.822 acres out of 96.314 acres of the Christoph Voight Survey 181, Abstract 3931 and Carl Dammann Survey 180, Abstract 141 in far southwest San Angelo. This property is described on a Preliminary Plat titled “The Canals at Lake Nasworthy” and occupies all of Blocks 6 and 7, changing the zoning classification from a Ranch & Estate (R&E) to a Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Interim Senior Planner Jeff Hintz presented background information.
  22. 22. Minutes October 15, 2013 Page 845 Vol. 104 Public comment was made by Citizen Rick Abbott regarding the Gateway Planning consultant hired for the development of Lake Nasworthy. Councilmember Fleming explained a public meeting will be held on October 21, 2013. General discussion was held on whether the adoption of the plan was premature. Motion, to adopt the Ordinance, as presented, was made by Councilmember Fleming. Responding to a question from Councilmember Farmer, Mr. Hintz and Ms. Fawver stated the item required Council action and postponing may be made as the action. Item seconded by Councilmember Self. Public comments were made by Citizen Tad Logan, President of Lake Nasworthy Association, regarding the sewer capacity and other infrastructure and services which would be adequate for the area. Ms. Fawver replied the area is under private ownership and such improvements would be the responsibility of the developer. Further public comments were made by Citizen Richard Bastardo. Councilmember Fleming clarified the plan is in conjunction with the request of the private landowner. A vote was taken on the motion on the floor. Motion carried unanimously. RECESS At 6:48 P.M., Mayor Morrison called a recess. RECONVENE At 7:09 P.M., Council reconvened, and the following business was transacted: CONSIDERATION OF AND POSSIBLE ACTION ON MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION, IF NEEDED PRESENTATION BY DAVID TOOMEY OF ACAP HEALTH Mr. Toomey presented background information and requested payment for his services by the City of San Angelo. A copy of the presentation is part of the Permanent Supplemental Record. Mayor Morrison requested a copy of the signed contract outlining the various points presented by Mr. Toomey. PRESENTATION AND UPDATE ON THE RED ARROYO HIKE AND BIKE TRAIL PROJECT Requested by Councilmember Fleming, City Engineer Karl Bednarz presented background information. A copy of the presentation is part of the Permanent Supplemental Record. General discussion was held on the project amenities, project start date of July 2014, project costs and necessary reviews, flood retention ponds, flood certification through FEMA, and project conception since 2005. In conclusion, Council agreed to proceed with the project. Public comments were made by Citizen Rob Ehlers regarding the material of the pathway, suggesting the City use cinder, asphalt, or other material versus concrete. PRESENTATION AND DISCUSSION ON ISSUES RELATED TO GUN CLUB HILL ROAD AT LAKE NASWORTHY Councilmember Fleming suggested decreasing the number of pedestrian traffic on this road. He proposed installing pipe fencing in the illegal parking area and removing the park benches and trash receptacles from the area. Mr. Fleming suggested utilizing Lake Nasworthy trust funds to pay for the project. Public comments were made by Citizens Tad Logan, Rob Ehlers, Marilyn Ross, and Kirby Vanover in support of the project. Councilmember Fleming suggested moving forward with the prohibition of parking within the area.
  23. 23. Page 846 Vol. 104 Minutes October 15, 2013 Responding to a question by Councilmember Farmer, Chief Tim Vasquez stated citations are issued, pedestrians are policed, the area is regularly patrolled, and he suggested privatizing the road or designate as a one-way road. In conclusion, City Council suggested staff present options at a future meeting possibly utilizing the Lake Nasworthy Trust funds to fund the project. PRESENTATION OF THE DOWNTOWN SAN ANGELO (DSA), INC., 2013 2ND QUARTERLY REPORT Del Velasquez, DSA Executive Director and Brenda Gunter, DSA President presented background information. A copy of the presentation is part of the Permanent Supplemental Record. General discussion was held on targeted other businesses other than bars, thereby continuing to change the living conditions and the culture and dynamics of the downtown area. RECESS At 8:11 P.M., Mayor Morrison called a recess. RECONVENE At 8:23 P.M., Council reconvened, and the following business was transacted: PRESENTATION OF THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION (COSADC) CALENDAR YEAR 2012 ANNUAL REPORT AND DISCUSSION AND POSSIBLE ACTION REGARDING GOALS, OBJECTIVES, AND PROCEDURES FOR COSADC Interim Economic Development Director Bob Schneeman presented background information. A copy of the presentation is part of the Permanent Supplemental Record. Councilmember Farmer requested an allocation breakdown for each year per the 21% and 78% authorized half cent sales tax designation. Further discussion was held on recommended changes regarding the eligibility requirements and other changes requested by City Council. Council directed staff to provide statistics regarding downtown promotion and San Angelo revitalization endeavors. Ms. Farmer suggested focusing on other areas within the City and requested staff provide an updated map depicting the various funded projects within the City. CONSIDERATION AND POSSIBLE ACTION ON MATTERS RELATING TO WATERING OF THE CITY PARKS, SPORTS FIELDS, SANTA FE GOLF COURSE, AND FAIRMOUNT CEMETERY Parks Superintendent Roger Havlak presented background information. A copy of the presentation is part of the Permanent Supplemental Record. Mr. Havlak proposed decreasing the per gallon usage rate in order to irrigate at least 38” of water per year. Motion, to authorize staff to irrigate the Parks, Sports Complex, Cemetery, and Golf Course prudently, as recommended by staff, for a 12 month period, abiding by the Ordinance, was made by Councilmember Wardlaw and seconded by Councilmember Farmer. Mayor Morrison commented on the current drought condition and suggested waiting three to four months. Further discussion was held on the City’s expense versus revenue in regarding the payment of the water fee in which the City is basically charging themselves for the service, the public’s perception, abiding by the ordinance and possibly watering less than what is allowed, protecting the City’s investment of the various revenue generating property. Mayor Morrison commented on the public’s perception of such action and cautioned the negative impacts of authorizing such action due to the impending drought level conditions. Councilmember Wardlaw modified his motion to include “no budget allocation will be made at this time, staff must follow the restrictions of the Conservation Ordinance, and staff should water prudently”. Public comment was made by Citizen Jim Turner.
  24. 24. Minutes October 15, 2013 Page 847 Vol. 104 A vote was taken on the motion on the floor. AYE: Fleming, Wardlaw, and Farmer. NAY: Morrison and Self. Motion failed 3-2 (four votes required to authorize an action). Assistant City Manager Rick Weise stated the departments will continue to work within their current authorized budget. POSTPONEMENT OF ADOPTING A RESOLUTION IN PREPARATION FOR STAFF TO PROVIDE FOR BUDGET GOALS AND POLICIES THAT INCLUDE THE FOLLOWING OPTIONS FOR TERMINATING THE WASTEWATER PAYMENT IN LIEU OF TAXES TRANSFER Mayor Morrison suggested postponing the item until the next regular meeting. Council concurred. POSTPONEMENT OF PROVIDING CITY STAFF DIRECTION RELATING TO CHANGING FROM TRADITIONAL BIDDING (LOWEST RESPONSIBLE BIDDER) PROCESS TO THE REQUEST FOR COMPETITIVE SEAL PROPOSAL PROCESS THAT PROVIDES SELECTION CRITERIA RELATING TO LOCAL BUSINESSES Mayor Morrison suggested postponing the item until the next regular meeting. Council concurred. POSTPONEMENT OF ADOPTING A RESOLUTION AUTHORIZING THE MAYOR TO NEGOTIATE AND EXECUTE A LETTER OF INTENT AMONG THE CITIES OF ABILENE, MIDLAND, AND SAN ANGELO, TEXAS FOR WATER SUPPLY DEVELOPMENT AND DELIVERY Mayor Morrison suggested postponing the item until the next regular meeting. Council concurred. POSTPONEMENT OF AUTHORIZING FOR FUNDING AND PAYMENT FOR CITY’S PROPORTIONATE SHARE OF COSTS INCURRED FOR SERVICES PURSUANT TO THE INTERLOCAL AGREEMENT BETWEEN CITIES OF ABILENE, MIDLAND AND SAN ANGELO, EFFECTIVE APRIL 9, 2011 (WEST TEXAS WATER PARTNERSHIP), FOR THE QUARTERLY INVOICE DATED SEPTEMBER 17, 2013 Mayor Morrison suggested postponing the item until the next regular meeting. Council concurred. DISCUSSION AND POSSIBLE ACTION REGARDING THE DISSEMINATION OF NEWS RELEASES BY THE CITY OF SAN ANGELO Requested by Councilmember Farmer, Mr. Valenzuela explained there are established news sources in which both sides of a news story are reported; however, after further review, he noted all press releases are available to the public on the City’s home page and any person may register to receive a media notice by submitting their email address. General discussion was held regarding constitutional rights, the definition of a noteworthy new media, blogger, suppressing certain groups, and noting the information is available to all via the City’s website. Motion, the City will not determine whether a group is defined as a blogger or an established new source, and upon request, will provide such information, was made by Councilmember Farmer and seconded by Councilmember Wardlaw. Mr. Wilson explained the issue regarding the reporting of a blogger, how the individual was approached to receive information from both sides of story, and noted the relationship was not to par of a noteworthy news media. Mayor Morrison expressed concern of suppression certain groups from receiving information. Public comments were made by Citizens Harry Thomas and Jim Turner. A vote was taken on the motion on the floor. AYE: Self, Wardlaw, and Farmer. NAY: Morrison and Fleming. Motion failed 3-2 (four votes required for an affirmative vote).
  25. 25. Page 848 Vol. 104 Minutes October 15, 2013 FOLLOW UP AND ADMINISTRATIVE ISSUES CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION ADOPTION OF A RESOLUTION BY THE CITY OF SAN ANGELO, TEXAS (“CITY”), APPROVING A CHANGE IN THE RATES OF ATMOS ENERGY CORPORATION, MID-TEX DIVISION (“ATMOS”) AS A RESULT OF A SETTLEMENT BETWEEN ATMOS AND THE ATMOS TEXAS MUNICIPALITIES (“ATM”) UNDER THE RATE REVIEW MECHANISM; FINDING THE RATES SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; DIRECTING ATMOS ENERGY TO REIMBURSE THE CITY’S RATE-CASE EXPENSES; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THE RESOLUTION TO THE COMPANY AND LEGAL COUNSEL (item considered and approved under the Consent Agenda) Mayor Morrison explained the settlement as outlined in the proposed ordinance. Motion, to adopt the Resolution, as presented, was made by Councilmember Fleming and seconded by Mayor Morrison. Motion carried unanimously. ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMS City Manager Daniel Valenzuela distributed the proposed November 5, 2013 Agenda and solicited Council comments and suggestions. ADJOURNMENT Motion, to adjourn, was made by Councilmember Wardlaw and seconded by Mayor Morrison. Motion carried unanimously. The meeting adjourned at 9:45 P.M. THE CITY OF SAN ANGELO ___________________________________ Dwain Morrison, Mayor ATTEST: _______________________________ Alicia Ramirez, City Clerk 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.)
  26. 26. City of San Angelo Memo Date: October 3, 2013 To: Mayor and Councilmembers From: Gary Ayers, Street & Bridge / Stormwater Superintendent Subject: Agenda Item for 11-5-13 Council Meeting Contact: Gary Ayers, Street & Bridge / Stormwater Superintendent Caption: Consent Consideration of awarding Request for Bid “SB-01-13” for street materials to Crushed Stone & Asphalt and Vulcan Materials, not to exceed $ 250,000.00. Summary: History: Financial Impact: Other Information: The Street & Bridge Division is seeking approval for the street materials bid for the upcoming year. These materials include Hot Mix Asphalt Concrete (HMAC) Type D, Flex Base Grade 2 Type A, and Cold Mix Cold Lay Asphalt (CMCL) Premix Type C. Bids were sent to ten local and area vendors with three responses received from CSA Materials (San Angelo, TX), Vulcan Materials (San Antonio, TX), and Ergon Asphalt (Austin, TX). The Street and Bridge Division requests bids on materials used in the routine patching, maintenance, and repair of roadways and alleys throughout the City, as well as in the construction of foundations and unimproved roads and paths. Bid awards are based on price and availability of material and are awarded for one year. Two one-year renewals will automatically take effect unless either party opts out with written notice within 90 days of the current term expiration. The estimated annual expense for these patching materials will not exceed $250,000.00. NA Recommends: Staff recommends awarding Bid “SB-01-13” to Crushed Stone & Asphalt for HMAC Type D and Flex Base Grade 2 Type A, and to Vulcan Materials for CMCL Premix Type C. Attachments: Bid Tab “SB-01-13” Presentation: None
  27. 27. Reviewed by Director: Shane Kelton Approved by Legal: NA
  28. 28. CITY OF SAN ANGELO Bid Tabulation Summary/Street Paving Materials RFB NO: SB-01-13 * September 25, 2013 2:00pm CSA Materials Item Description CMCL Premix 1 Approx Qty (Tons) Type C Unit Price Total Price No Bid No Bid 1,000 Vulcan Ergon Asphalt Unit Price Total Price $ $ 67,250.00 No Bid No Bid 67.25 Unit Price Total Price HMAC 2 Type D 3,000 $ 92.09 $ 276,270.00 No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid $ 200,850.00 No Bid No Bid No Bid No Bid HMCL 3 Type D 3,000 No Bid Flex Base 4 Grade 2 Type A 15,000 $ 13.39 Totals $ 477,120.00 Bidder's List Armour Asphalt Lubbock, TX Colorado Materials LTD San Marcos, TX Crushed Stone and Asphalt CSA San Angelo, TX Ergon Asphalt & Emulsion Inc Austin, TX Industrial Aspault Buda, TX Martin Marietta Materials Uvalde, TX Price Const. Big Spring, TX Reece Albert San Angelo, TX Vulcan Materials San Antonio, TX West Texas Asphalt Clyde, TX $ 67,250.00
  29. 29. CITY OF SAN ANGELO Bid Tabulation/Street Paving Materials RFB NO: SB-01-13 * September 25, 2013 2:00pm A Approx Qty (Tons) Description CMCL Premix Type C HMAC Type D HMCL Type D $/ton Material at Supplier Plant 1,000 3,000 $ 15,000 Totals $ $ $ 349,500.00 B Total Delivered Price $/ton Material at Supplier Plant Freight/ton delivered to City Yard Material & Freight $ $ $ No Bid 7.09 No Bid No Bid No Bid 1.4 100 tons $ 276,270.00 No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid 1.5 25 tons $ 200,850.00 No Bid No Bid No Bid $ 35,000.00 $ 32,250.00 92.09 No Bid 7.09 $ $ 127,620.00 (A+B X QTY) $ 67,250.00 $ 13.39 $ 477,120.00 Min. Order A Conversion Ton/Cu. Yd. No Bid 6.30 Vulcan A+B (A+B X QTY) Material & Freight No Bid 85.00 No Bid 3,000 Flex Base Grade 2 Type A Freight/ton delivered to City Yard No Bid $ CSA Materials A+B B $ 477,120.00 35.00 32.25 A B Total Delivered Price $/ton Material at Supplier Plant Freight/ton delivered to City Yard Ergon Asphalt A+B Min. Order 1.15 25 tons No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid $ 67,250.00 * $ 67,250.00 Bidding Item 330 TxDot - Premix Limestone Rock Asphalt Grades AA, A, B, C, or CC. Remarks: *=Mathematical Correction Submitted as $62,250 Payment Terms N30 N30 NA Procurement Card Piggy-Back Procurement Option No No No No NA NA Procurement Co-Op No No NA Bidder's List Armor Asphalt Lubbock, Tax Colorado Materials LTD San Marcos, Tax Crushed Stone and Asphalt CSA San Angelo, Tax Ergon Asphalt & Emulsion Inc Austin, Tax Industrial Asphalt Buda, Tax Martin Marietta Materials Uvalde, Tax Price Const. Big Spring, Tax Reece Albert San Angelo, Tax Vulcan Materials San Antonio, Tax West Texas Asphalt Clyde, Tax Bid Tab SB0113-Final Conversion Ton/Cu. Yd. Total Delivered Price Conversion Ton/Cu. Yd. 67.25 Material & Freight (A+B X QTY) Min. Order
  30. 30. City of San Angelo Memo Date: October 8, 2013 To: Councilmembers From: Ryan Kramer, Vehicle Maintenance Subject: Agenda Item for November 5, 2013 Contact: Ryan Kramer, Vehicle Maintenance - 657-4329 Caption: Consent Consideration of awarding Buyboard quote VM-10-13 for two ambulance chassis ($55,432) and HGAC quote VM-11-13 for two ambulance box remounts ($55,675), and authorizing the 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. This cycle replaces each ambulance chassis and refurbishes the patient boxes at approximately six year intervals to ensure the department continues to operate reliable emergency transportation vehicles. Existing City-owned ambulance boxes are removed, cleaned, updated, and remounted on the new chassis. The two replacement ambulance chassis previously approved by council (March 5, 2013) have been purchased and are undergoing the refurbishing process (approved October 1, 2013) at Frazer in Houston. The two chassis described above were ordered late in 2013 due to the Chevrolet factory build ordering schedule. There was a time frame in 2013 where Chevrolet was not taking new build orders. This forced us to purchase 2014 model chassis instead of 2013 models. There was a bid price difference, but Caldwell Chevrolet let us order the 2014 model at the 2013 price. We had to wait until we could order the 2014 chassis through Chevrolet. This caused us to get off our rotation program as it caused the overlap of refurbishing the units into the FY2014. The funds were rolled over from the FY 2013 to the FY 2014 budget to accommodate the process. The two awards being considered at this time are for the replacement of two ambulance chassis and refurbishing of two currently owned ambulance boxes for the current fiscal year (2013-2014).
  31. 31. This process is typically started early because of delays in manufacturing of the chassis and to be put on a waiting list for box refurbishing. Caldwell Chevrolet currently has two 2014 model year chassis meeting City criteria available for purchase. This will aid in completing ambulance replacement for this fiscal year sooner by avoiding the manufacturing waiting period. This purchase also allows us to get back on track with our replacement program. Hopefully we will also be able to complete the refurbishment prior to our high volume needs for standby ambulance request during football season 2014. Financial Impact: The City will purchase two (2) one-ton chassis from Caldwell Country ($55,432) off Buyboard contract #358-10 and the remount service from Frazer ($55,675) off HGAC contract #AM10-12 from capital account 501-9000-800-07-42. Total budget for the project is $210,000, which includes purchasing two truck chassis, the refurbishing of two ambulance boxes and replacement of equipment used in the operation of ambulance services. Related Vision Item: NA Other information/Recommendation: Staff recommends awarding the bid to Caldwell Chevrolet (Caldwell, TX) and Frazer, LTD (Houston, TX). Attachments: None Reviewed by: Brian Dunn, Fire Chief
  32. 32. City of San Angelo Memo Date: October 10, 2013 To: Mayor and Councilmembers From: Robert F. Bluthardt Subject: Agenda Item for November 5, 2013 Council Meeting Contact: Robert F. Bluthardt Fort Concho 481-2646 Caption: CONSENT Agenda Consideration of awarding a contract for $79,464 to Kiser Flooring Center for the replacement of approximately 25,000 square feet of carpet at the Chase State Office Building Summary: Bids were solicited for the replacement of approximately 25,000 square feet of carpet at the Chase State Office Building, a property owned and operated by the City of San Angelo. Two bids were received. History: Lease requires the replacement of carpet; staff has identified the spaces in need of new carpet Financial Impact: Funding for this project and other capital improvements is included in Fund 201 Related Vision Item Neighborhood Vision: Provide good infrastructure (if applicable): Infrastructure Vision: Long term maintenance for infrastructure Other Information/ Recommendation: Staff recommends awarding contract for this project to Kiser Flooring Center Attachments: Bid Tabulation CH-01-13 Chase Building Flooring Replacement and Contract Presentation: n/a Publication: n/a Reviewed by Director: Carl White Parks & Recreation Approved by Legal: City Attorney Lysia H. Bowling, 10/28/13
  33. 33. CITY OF SAN ANGELO REQUEST FOR BID RFB No: CH-01-13 Ralph Chase State Building Carpet Replacement RFB SUBMITTAL DEADLINE September 11, 2013, 2:00 PM Local Time Contract Documents Specifications City of San Angelo 72 West College Avenue San Angelo, Texas 76903
  34. 34. This Table of Contents is intended as an aid and not as a comprehensive listing of the proposal package. Bidders are responsible for reading the entire proposal package and complying with all specifications. INVITATION TO BID ........................................................................................................................................... 1 SCOPE OF WORK......................................................................................................................................................1 DOCUMENT, PLANS AND SPECIFICATIONS AVAILABILITY .......................................................................................1 INSURANCE AND INDEMNIFICATION REQUIREMENTS ...............................................................................................1 PRE-BID CONFERENCE ............................................................................................................................................1 DELIVERY OF PROPOSAL .........................................................................................................................................1 NO BIDS ....................................................................................................................................................................1 CONFIDENTIALITY .....................................................................................................................................................1 EQUAL OPPORTUNITY EMPLOYERS .........................................................................................................................1 QUALIFICATION STATEMENT ....................................................................................................................................1 REJECTION OF BIDS .................................................................................................................................................1 BID WITHDRAWAL ....................................................................................................................................................2 COPIES OF BID TABULATION RESULTS ...................................................................................................................2 POINTS OF CONTACT................................................................................................................................................2 1. CONTRACT DOCUMENTS ...................................................................................................................... 3 1.0. 1.1. INSTRUCTIONS TO BIDDERS .......................................................................................................................3 EMPLOYMENT REQUIREMENTS AND W AGE RATES ..................................................................................7 2. PROJECT AGREEMENT (DRAFT)........................................................................................................ 13 3. GENERAL CONDITIONS ........................................................................................................................ 33 3.0. 3.1. 3.2. 3.3. 3.4. 3.5. 3.6. 4. GENERAL CONDITIONS ............................................................................................................................33 WORKER’S COMPENSATION INSURANCE REQUIREMENTS .....................................................................43 CONTRACT MEASUREMENT AND PAYMENT ............................................................................................44 PROJECT REQUIREMENTS .......................................................................................................................47 M ATERIALS ...............................................................................................................................................48 PROJECT MEETINGS ................................................................................................................................49 CONSTRUCTION ADMINISTRATION ...........................................................................................................50 TECHNICAL SPECIFICATIONS ............................................................................................................ 53 4.0. 4.1. 4.2. 4.3. 4.4. 4.5. 4.6. 4.7. 4.8. 4.9. 4.10. GENERAL ..................................................................................................................................................53 QUALIFICATIONS OF CONTRACTOR ........................................................................................................53 FURNITURE MOVING.................................................................................................................................53 M ATERIAL DELIVERY AND STORAGE ......................................................................................................53 QUALITY CONTROL ..................................................................................................................................53 PROTECTION.............................................................................................................................................53 CLEAN-UP ................................................................................................................................................53 INSPECTIONS ............................................................................................................................................54 SPECIFICATIONS FOR M ATERIALS: ..........................................................................................................54 SPECIFICATIONS FOR WORK ...................................................................................................................54 LOCATIONS AND ESTIMATES ...................................................................................................................54 i
  35. 35. Intentionally Left Blank ii
  36. 36. CITY OF SAN ANGELO PURCHASING DEPARTMENT 72 West College Avenue, San Angelo, Texas 76903 Tel: (325) 657-4219 or 657-4220 INVITATION TO BID Scope of Work The City of San Angelo is seeking bids for the replacement of 24,000 square feet carpet and flooring in the Chase State Office located at 622 South Oakes, San Angelo, Texas. The contractor shall provide all labor for preparing the worksite and furnish all material, accessories, labor, and equipment necessary for completing the replacement and installation. Document, Plans and Specifications Availability Contract documents, including plans and specifications are available and may be examined without charge in the Purchasing Department, Suite 330, City Hall, San Angelo, Texas. Bid documents, plans, and specifications may be obtained at the Purchasing Department, Room 204, City Hall or downloaded at sanangelotexas.us at no cost. No partial sets will be issued. Insurance and Indemnification Requirements Insurance and indemnification requirements applicable to this project are included within the draft Project Agreement Form included within this bid package. Please read the bold note at the top of the first page of the draft Project Agreement Form and review the insurance and indemnification requirements listed in Section 5 of that form with your insurance agent prior to submitting your bid. Pre-Bid Conference A pre-bid conference will be held on August 21, 2013, 2:00 P.M., beginning in the East lobby of the Ralph Chase Building, 622 South Oakes, San Angelo, Texas. Representatives of the City will discuss bid conditions and answer questions regarding bid procedures. Delivery of Proposal Sealed proposals must be addressed to the, City of San Angelo, Purchasing Department-RFB, 72 West College Avenue, San Angelo, Texas 76903, or for Delivery Services - City of San Angelo, Purchasing Department-RFB, Suite 330, 72 West College Avenue, San Angelo, Texas 76903, will be received until 2:00 P.M., Local Time, September 11, 2013. Mark Envelope: “RFB NO. CH-01-13/13/Carpet Replacement It is the sole responsibility of the firm to ensure that the sealed submittal arrives at the above location by specified deadline regardless of method chosen by the company for delivery. Faxed or electronically transmitted submittals will not be accepted No Bids To remain on the City of San Angelo’s Potential Bidders you must submit a “No Bid”. 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 bidders list. 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. Equal Opportunity Employers All contractors and subcontractors must be Equal Opportunity Employers. Disadvantaged and Minority Bidders are encouraged to participate. Qualification Statement Prospective bidders should be advised that a qualification statement may be required. Rejection of Bids The City of San Angelo reserves the right to reject all bids, to waive informalities or irregularities, and to reject non-conforming, non-responsive, or conditional bids. RFB: CH-01-13/Carpet Replacement Page 1
  37. 37. Bid Withdrawal No bid may be withdrawn within a period of 60 days after the date fixed for opening bids 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, 72 West College, San Angelo, Texas 76903 or email roger.banks@cosatx.us Points of Contact Roger Banks, Division Manager Purchasing Division City of San Angelo 72 West College Avenue San Angelo, Texas 76903 Telephone: (325) 657-4220 Email: roger.banks@cosatx.us RFB: CH-01-13/Carpet Replacement Dwain Halfmann, Building Maint. Supv. City of San Angelo 622 South Oakes San Angelo Texas, 76903 Office: (325) 656-6265 Email: dwain.halfmann@cosatx.us Page 2
  38. 38. 1. CONTRACT DOCUMENTS 1.0. Instructions to Bidders 1.0.1. Bids 1.0.1.1. Digital Format If Bidder 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, Bidders 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. 1.0.1.2. Submission of Bid Each Bid and accompanying data shall be enclosed in a sealed opaque envelope or wrapping, addressed to the City of San Angelo, Texas, marked BID ENCLOSED and identified on the outside with the Bidder's name and with the bid number and/or title as stated in the Invitation to Bid. The Owner will not be responsible for the premature opening of any proposal which is not submitted in a satisfactory BID ENVELOPE or which is not properly addressed and identified. If the Bid is sent by carrier (Fed Ex, UPS, etc), the sealed envelope shall be enclosed in the carrier’s packaging with the notation "BID ENCLOSED" on the face thereof. Bids shall be delivered to the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or the modified time and date indicated by Addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 1.0.1.3. Modifications – Corrections, Deletions or Additions No phone, fax, or email changes to bids will be accepted. Prices cannot be changed after bids are opened. Corrections, deletions, or additions shall be submitted in writing and delivered in a sealed envelope prior to bid opening. 1.0.1.4. Bid Form Bids by corporations must be executed in the corporate name by the president or vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The state of incorporation shall be shown below the corporate name. Bids by partnerships must be executed in the partnership name and signed by a partner; title and the official address of the partnership must be shown below the signature. Bids by joint ventures shall be signed by each participant in the joint venture or by an authorized agent of each participant. The names of all persons signing must also be legibly printed below the signature. A Bid by a person who affixes to his signature the word "president", "secretary", “agent", or other designation without disclosing his principle may be held to be the Bid of the individual signing. When requested by Owner, evidence of the authority of the person signing shall be furnished. Bid forms must be completed in ink. All blank spaces in the Bid Form shall be filled. A bid price shall be indicated for each item and alternative listed therein, or the words "No Bid", "No Charge", or other appropriate phrase shall be entered. Bids received without all such items completed may be considered non- responsive. The Bidder is not required to acknowledge receipt of Addenda but shall include all addenda in Bidder’s response. No alterations in Bids or alterations made to the printed forms, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder. 1.0.1.5. Withdrawal of Bids Bids may be modified or withdrawn by contacting the Purchasing Department and requesting RFB: CH-01-13/Carpet Replacement Page 3
  39. 39. withdrawal any time prior to opening of Bids. Notice must be in writing. Notices by email, fax, or phone will not be accepted. 1.0.1.6. Rejection of Bids The Owner reserves the right to reject all bids, and does not bind himself to accept the lowest bid or any proposal for this work or any part thereof and shall have the right to ask for new bids for the whole or parts, should he desire to do so. 1.0.1.7. Award and Execution of Documents If the Contract is awarded, it shall be awarded to the bidder whom, in the Owner's judgment, is the lowest responsive, responsible Bidder. Owner reserves the right to reject any or all Bids, to waive any or all informalities, and to reject nonconforming, non-responsive, or conditional bids. The award of the bid, if it is awarded, will be to the lowest responsible Bidder whose qualifications indicate the award will be in the best interest of the Owner and Bid complies with all the prescribed requirements. In analyzing Bids, the Owner may take into consideration alternates and unit prices, if requested by the Bid forms. Failure of the selected Bidder to deliver the required Contract Documents, including the required Bonds and insurance, within thirty (30) days of the Notice of Award to selected Bidder shall be just cause for the Owner to annul the award and declare the Bid and any guarantee thereof forfeited, not as a penalty, but as liquidation of damages to the Owner. In evaluating Bids, the Owner shall consider the Criteria for determining Lowest Responsible Bidder adopted by the City Council and included herein. “Lowest Responsible Bidder” is defined as: one who submits the lowest bid and who has proven themselves capable of performing a contract and appears financially and technically capable of adequately performing the contract. In determining the lowest responsible bidder, the following criteria will be considered. • Was the bid received within the time and date specified in the Request for Bid (RFB)? • Was the bid executed by a person authorized to sign for the company? • Was pricing provided as requested in the Request for Bids? • Does the bid meet the minimum specifications? • Does the bidder and bidder’s subcontractors have adequate experience and technical experience to successfully fulfill the contract requirements? • Did the bidder provide a list of references to include company or individual name, contact person, phone number? • Did the bidder provide a list of projects of similar size and dollar amount as this project? • What is the bidder’s quality and performance on previous contracts? • Is the bidder on the federal, state, or other department lists? • Has the bidder been terminated from a project for non-compliance or substandard work? • Does the bidder have the financial resources to provide the necessary equipment, materials, labor, etc., to successfully complete the project? Can the bidder provide a performance and payment bond in an amount equal to the total amount of the project? RFB: CH-01-13/Carpet Replacement Page 4
  40. 40. • Does the bidder have a permanent place of business? • Does the bidder have adequate staff available to complete the project within the period specified? • Can the bidder provide the required insurance coverages as specified? • Does the bidder have a satisfactory work history with the City? 1.0.1.8. Bid Security Each proposal must be accompanied by a Bid Bond, Certified or Cashier's Check (on a solvent bank in the State of Texas), drawn to the order of the Owner in the sum of not less than five percent (5%) of the total amount of the proposal. The bid bond must be executed by a surety meeting the requirements set forth in the General Conditions. The bid security shall be made payable without condition to the City of San Angelo, Texas. Bids submitted without a bid bond will be considered non-responsive and rejected. 1.0.1.9. Return of Bid Security The bid security of the successful Bidder will be retained until he has executed the contract agreement and furnished the required Contract Security and insurance, whereupon checks furnished as bid security will be returned. The bid security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the day after the required documents are delivered by the selected Bidder to Owner but not to exceed 60 days after the Bid opening. Checks furnished as bid security by other Bidders will be returned within 30 days of the Bid opening. 1.0.2. Interpretations All questions about the meaning or intent of the Contract Documents shall be submitted to the Purchasing Department 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 five 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. 1.0.3. Taxes and Permits Attention is directed to the requirements of the General Conditions regarding payment of taxes and obtaining permits. All taxes that are lawfully assessed against Owner or Selected Bidder in connection with the Work shall be paid by the selected Bidder. The bid prices shall include all such taxes and the costs of all required permits. The Owner is exempt from State Sales Tax. The Owner's State Sales Tax Exemption Number is 75-6000-659. 1.0.4. Examination of Contract Documents Each bidder shall thoroughly examine and be familiar with the Contract Documents. The submission of a bid shall constitute an acknowledgment that the bidder has thoroughly examined and is familiar with the contract documents. The failure or neglect of a bidder to receive or examine any of the contract documents shall in no way relieve him from any obligations with respect to his bid or to the contract. No claim for extra or additional compensation will be allowed based upon a lack of knowledge of any contract document, and the Owner will in no case be responsible for any loss or for unanticipated costs that may be suffered by the selected Bidder as a result of conditions pertaining to the work. 1.0.5. Familiarization with the Type of Work Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work, local labor conditions and all laws, regulations, and other factors affecting performance of the Work. He shall carefully correlate his observations with requirements of the Contract Documents and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid will constitute a representation of compliance by the Bidder. There will be no subsequent financial adjustment for lack of such familiarization. 1.0.6. Site Investigation The information contained in the Contract Documents in regard to topography, subsurface soils, subsurface structures, and any quantities based thereon, is furnished solely for the convenience of the Contractor as information available at the time. The accuracy of this information is not guaranteed and the Contractor is RFB: CH-01-13/Carpet Replacement Page 5
  41. 41. fully and solely responsible to verify pertinent information prior to bid time. Use of the information provided in no way relieves the Contractor or others of any responsibility for loss due to inaccuracies or deviations, which may be encountered. 1.0.7. Soils Testing Specifications The Contractor will be allowed to conduct soils investigations within the alignment of the proposed Project, as they can be coordinated with the Owner and appropriate landowners during the Bid preparation phase. All such investigations must be coordinated through the Owner. 1.0.8. Subcontractors and Suppliers When requested by the Owner, within 24 hours of bid opening, the apparent low Bidder, and any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the Work. 1.0.8.1. Subcontractor Qualification Particular consideration will be given to the qualifications of each Subcontractor proposed to perform more than 5 per cent (5%) of the Work. The successful Bidder will submit to the Owner for acceptance a list of the names of subcontractors and such other persons and organizations (including those who are to furnish materials or equipment fabricated to a special design) identifying that portion of the Work to be performed by each subcontractor within fourteen (14) days of the issuance of Notice of Award. Subcontractors will be evaluated utilizing “Criteria for Determining Lowest Responsible Bidder” as contained herein. The Owner will notify the successful Bidder in writing if, after due investigation, there is objection to any Subcontractor, person, or organization on such list. If the apparent low Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Security. Additional requirements for subcontractors are contained within the General Conditions, of this document. The failure of the Owner to make any such objection prior to the execution and delivery of the Agreement shall constitute an acceptance of such Subcontractor, person, or organization. Such acceptance a Subcontractor, person or organization shall not: (1) constitute a waiver of any right of the Owner to reject defective Work, Material, or Equipment, or Work, Material, or Equipment not in conformance with the requirements of the Contract Documents; or (2) constitute a waiver of Contractor’s complete and total liability for any defective Work, Material, or Equipment, or Work Material or Equipment not in conformance with the requirements of the Contract Documents whether or not provided by or performed by any such Subcontractor. If the Owner registers objection to and refuses to accept a Subcontractor, person, or organization list the successful Bidder may either (1) submit an acceptable substitute without an increase in his Bid price or (2) withdraw his Bid. If the Owner raises objection to a Subcontractor, person, or organization after the execution and delivery of the Agreement, the Contractor will submit an acceptable substitute and the Contract Price shall be increased or decreased by the reasonable difference in cost occasioned by such substitution and an appropriate Change Order shall be issued. In the event that prior objection is raised as described above, but the Contractor fails to submit an acceptable substitute prior to execution and delivery of the Agreement, no increase in Contract Price shall be allowed. 1.0.8.2. Suppliers The list of Subcontractors shall also include the suppliers and manufacturers of the principal items of materials and equipment the Bidder expects to use in the Work. 1.0.9. Copies of Contract Documents The selected Bidder to whom a contract is awarded will be furnished, without cost to him, five (5) copies of the specifications and five (5) sets of the drawings, together with all Addenda thereto. Additional copies of specifications and drawings may be obtained from the Owner at the cost stated in the Invitation to Bid. 1.0.10. Performance and Payment Bond (a) Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall furnish bond(s) each in a penal sum of at least the full amount of the contract as awarded in RFB: CH-01-13/Carpet Replacement Page 6

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