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April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
April 3, 2012 Agenda packet Part I
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April 3, 2012 Agenda packet Part I

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  • 1. NOTICE OF A PUBLIC MEETING INCLUDING ADDENDUM AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, April 3, 2012 McNease Convention Center, South Meeting Room 500 Rio Concho DriveTHE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTHMAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCEIS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. everyday for two weeks beginning on the Thursday after each meeting. As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate” Thank You!I. OPEN SESSION (9:00 A.M.) A. Call to Order B. Prayer and Pledge "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.” C. Proclamation “Eagle Scout Designation to Wesley Aaron Kuehn”, to be accepted by Mr. Kuehn for successfully completing all requirements for Scoutings highest rank in honor of his achievement D. Recognition Donna Osborne, Economic Development Coordinator, on being selected as the first recipient of the Alliance of Texas Angel Networks - Excellence in Leadership Award for her leading role with the Concho Valley Angel Network E. Public Comment The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment.II. CONSENT AGENDA 1. Consideration of approving the March 20, 2012 City Council Regular meeting minutes 2. Consideration of awarding bid(s) and authorizing the Interim City Manager or his designee to execute any necessary related documents: a. VM-03-12: Ambulance Chassis, Caldwell Chevrolet via Buyboard Contract #358-10, $51,926.00 b. VM-04-12: Ambulance Box Remounts, Frazer Bilt via HGAC Contract #AM04-10, $86,400.00 3. Consideration of selecting Gajeske, Inc. for RFP WU-02-12 Lake Pumping System to transfer water from the South Pool of Twin Buttes Reservoir to the North Pool and authorizing the Interim City Manager or his designee to execute any necessary related documentsCity Council Agenda Page 1 of 4 April 3, 2012
  • 2. 4. Consideration of approving additional purchases from RFB VM-09-11 for two (2) Light Duty Vehicles from Jim Bass Ford in the amount of $43,449.00, and authorizing the Interim City Manager or his designee to execute any necessary related documents 5. Consideration of awarding RFB PRO-01-12 Modular Manufactured Building behind Fire Station #2, 4702 Southland to Chris Leith Automotive, Inc. in the amount of $25,001.00 and authorizing the Interim City Manager or his designee to execute any necessary related documents 6. Consideration of awarding RFB PRO-02-12 Fire Station #5, 2727 Freeland Avenue to Miguel Duran in the amount of $61,100.00, and authorizing the Interim City Manager or his designee to execute any necessary related documents 7. Consideration of authorizing the sale of the following residential properties for the appraised value and authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to the sale of subject properties, subject to completion of all curative requirements: a. 2534 Sleepy Hollow (Brinlee), Lot 15, Group Fishermans Road, $90,916.00 b. 6413 Lincoln Park Road East (Camper), Lot 4, Group Lincoln Park, $26,945.00 c. 1610 Shady Point Circle Drive (Mason), Lot 62, Group Shady Point, $25,704.00 d. 2590 Sleepy Hollow (Nixon), Lot 32, Group Fishermans Road, $84,108.00 e. 6422 Lincoln Park Road West (Reed), Lot 27A, Group Lincoln Park, $26,981.00 8. Consideration of adopting a Resolution authorizing the Interim City Manager or his designee to execute two releases of easement for water pipeline relating to realignment of the Hickory Aquifer Water Supply Project water pipeline; and, finding a public purpose and benefit therein 9. Consideration of adopting a Resolution to approve the City of San Angelo’s participation in the Texas Events Trust Fund for the National Reined Cow Horse Association 2012 Celebration of Champions in the amount of $14,070.00 with a state match of $87,935, to create a total trust fund of $102,005.00 10. Consideration of approving variances to the City Code for the Drag Boat Races on June 22-24, 2012, at Lake Nasworthy 11. Consideration of approving variances to the City Code for the Wakeboard Tournament on July 20-22, 2012, at Lake Nasworthy 12. Consideration of authorizing the Interim City Manager to execute a Mutual Aid Agreement with Goodfellow Air Force Base for fire protection and hazardous materials incident response 13. Consideration of authorizing the San Angelo Fire Department to apply for a grant for exercise equipment through the Eva Camuñez Tucker Foundation authorizing the Interim City Manager or his designee to execute related documents 14. Consideration of authorizing the San Angelo Fire Department to participate in the 2012 Muscular Dystrophy Association (MDA) Fill the Boot Campaign on April 25th, 26th, and 27th Consideration of authorizing the Interim City Manager to execute a First Addendum to Agreement forAddendum Waste Collection and Disposal and Landfill Lease and Operation between the City of San Angelo and Republic Waste Services of TexasIII. REGULAR AGENDA: F. EXECUTIVE/CLOSED SESSION Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement thatCity Council Agenda Page 2 of 4 April 3, 2012
  • 3. Meetings be Open, Section 555.071(2) to consult with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter on issues related to the Texas Open Meetings Act Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo G. PUBLIC HEARING AND COMMENT 15. Presentation and update on the Hickory Aquifer water supply project (Presentation by Water Utilities Director Will Wilde) 16. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo PD 12-02: Shannon Medical Center Downtown AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 120 East Harris Avenue encompassing the area known as the Shannon Medical Center Downtown, more specifically being Shannon Medical Center Downtown, Block 22A, Section 1, Lot A, Shannon Medical Center Downtown, Block 1, Section 2, Lot A, Shannon Medical Center Downtown, Block 15A, Section 1, Lot A, Frary Addition, Block 2, Lots 1 thru 4, San Angelo Addition, Block 5, Lots 16 thru 20, San Angelo Addition, Block 21, Lots 1, 2, 5, 9, 10, 15 thru 20, the west 26.4’ of Lot 3, and the west 25’ of Lot 6, San Angelo Addition, Block 21½, Lot 1, San Angelo Addition, Block 22½, Lots 3 thru 12, Upton Addition, Block 22½, Lots 20-24 and the west 75’ of Lot 19, Miles Acre Lots, 22½, Lots 31 and 32, in central San Angelo changing the zoning classification from Low-Rise Multifamily Residential (RM-1), General Commercial (CG), and General Commercial/Heavy Commercial (CG/CH) to Planned Development (PD) District PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver) 17. Discussion and possible action to amend the Animal Control Ordinance, Chapter 3, Article 3.2002 entitled “Chaining of Dogs Prohibited as Primary Enclosure” (Requested by Councilmember Morrison) 18. Presentation from and interview of Executive Search Firms for consideration of the recruitment of the City Manager position, and any action in connection thereto: a. Robert Slavin, President, Slavin Management Consultants b. Alan Taylor, Senior Vice President, Strategic Government Resources (SGR) (Presentation by Human Resources Director Lisa Marley) 19. Discussion of 2012-2017 Capital Improvement Plan (Presentation by Budget Manager Morgan Trainer) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 20. Consideration of matters discussed in Executive/Session, if neededCity Council Agenda Page 3 of 4 April 3, 2012
  • 4. 21. Consideration of various Board nominations by Council and designated Councilmembers: a. Civic Events Board: Courtney Mahaffey (SMD4) to an unexpired term October 2014Addendum b. Construction Board of Adjustment & Appeals: Casey Deering (SMD3) to a 1st full term February 2014 and Roland Allen (SMD5) to a 2nd full term February 2014 c. Zoning Board of Adjustments: David Nowlin (SMD3) to a 2nd full term January 2014, Chuck Shore (SMD5) to a 2nd full term January 2014, and John Rowland (SMD6) to a 2nd full term January 2014 22. Consideration of Future Agenda Items 23. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Wednesday, March 28, 2012, at 6:00 P.M. /x/________________________ Alicia Ramirez, City Clerk City Council Agenda Page 4 of 4 April 3, 2012
  • 5. PROCLAMATIONWHEREAS, On October 10, 2011, Wesley Aaron Kuehn from Concho Valley Boy Scouts of America Troop 340, sponsored by Holy Angels Catholic Church, attained the rank of Eagle Scout; andWHEREAS, Wesley Aaron Kuehn will be recognized by his troop, community, family, and friends for successfully completing all requirements for Scoutings highest rank in honor of his achievement in an Eagle Scout Court of Honor on April 14 2012; and,WHEREAS, we are gathered here on this occasion, as friends, family and neighbors of Wesley Aaron Kuehn to support him on his attainment of the rank of Eagle Scout and to recognize the faithful and steady path taken within the Scouting organization; andWHEREAS, Wesley Aaron Kuehn’s commitment to leadership, service, and to the community is reflected in his steady, persistent, progress through the ranks to achieve this prestigious award; andWHEREAS, we commend Wesley on his Eagle project, a project consisting of removing old hazardous deck material in the patio area at Holy Angels Catholic Church and replacing it with pavers and landscaping, which is an example of the many contributions he has made to the community and to the sponsor of Troop 340;NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of theCity Council, do hereby recognize and congratulate: “Wesley Aaron Kuehn, Eagle Scout”For this outstanding accomplishment and extending to him our deepest appreciation for allof his dedicated work and wishing him the best in all of his future endeavors. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 3rd day of April, 2012. THE CITY OF SAN ANGELO ___________________________ Alvin New, Mayor
  • 6. Commending Donna Osborne For doing more, doing it better, and exceeding our expectations. Your high standards inspire us all._____________ ____________ Mayor Date
  • 7. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 371Tuesday, March 20, 2012 Vol. 103 OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, March 20, 2012, inthe San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorizedmembers of the Council, to-wit: Mayor, Alvin New Councilmember Paul Alexander Councilmember Dwain Morrison Councilmember Johnny Silvas Councilmember Fredd B. Adams, II Councilmember Kendall Hirschfeld Councilmember Charlotte Farmerwere present and acting, with the exception of Mayor New, thus constituting a quorum. Mayor Pro TemporeCharlotte Farmer facilitated the meeting. Whereupon, the following business was transacted:An invocation was given by Peace Ambassador Representative Becky Benes from the Christian faith traditionand pledge was led by John Flynn, 4th Grader from Cornerstone Christian School.PROCLAMATIONS AND RECOGNITION“Welcome Texas State Gymnastics Meet”, May 3, 4, and 5, 2012, was accepted by Tony Walker, San AngeloISD Gymnastics Program Director and Head Coach and Ryan Terrill, Senior Gymnast“Primera Church 120th Anniversary Celebration”, April 1, 2012, was accepted by Johnny Fira, Associate Pastor,and Norma Lee, Children’s Director“San Angelo Safe Digging Month, April 2012”, was accepted by Craig Thornell, Concho Valley DamagePrevention Acting President, and JimBob Sims, Texas811 Damage Prevention ManagerKen Landon, National recognition from the National Society of the Daughters of the American Revolution(DAR), Conservation Committee, for outstanding achievement in Environmental Awareness with the NationalDAR – Houston chronicle 3/9PUBLIC COMMENTMayor Pro Tem Farmer acknowledged, with deep regret, the passing of Dr. Ralph Chase and recognized him forall of his contributions to the city and citizens of San Angelo.Councilmember Morrison commented on the Texas Bank sports complex regarding the need for netting at theball fields. He requested consideration of the item on the next meeting agenda.Responding to a question from Councilmember Silvas, staff informed it is the responsibility of the propertyowner to maintain the trees located on Johnson Street.West Texas Organizing Strategy Craig Meyers commented on the upcoming Neighborhood Clean Up Blitz onApril 20th and 28th. Acknowledging Andrea Dominguez, wife of former City Manager Harold Dominguez, asthe inspiration behind the idea, he suggested dedicating and designating the blitz day as Andrea’s Day. Councilconcurred and suggested this be considered at a future meeting.Tim Davenport Hurst spoke in support of the Blitz.
  • 8. Page 372 MinutesVol. 103 March 20, 2012CONSENT AGENDAAPPROVAL OF THE MARCH 6, 2012 CITY COUNCIL REGULAR MEETING MINUTESADOPTION OF RESOLUTIONS AUTHORIZING THE MAYOR TO EXECUTE TAX DEEDS FOR THESALE OF TAX LOTS:• 715 W 15th Street (Pizano), Lot 8, Block 4, Mineola Annex Addition, $1,000.00, Suit No. B-94-0062-T (ANNEX A PAGE 379, RESOLUTION #2012-03-032R)• 22 W 17th Street (Ortiz), Lot 16, Block 22, Lasker Addition, $1,000.00, Suit No. B-95-0064-T (ANNEX B, PAGE 381, RESOLUTION #2012-03-033R)• 701 W 15th Street (James), Lot 1, Block 4, Mineola Annex Addition, $1,100.00, Suit No. TAX90- 0151B (ANNEX C, PAGE 383, RESOLUTION #2012-03-034R)• 703 W 15th Street (James), Lot 2, Block 4, Mineola Annex Addition, $1,100.00, Suit No. TAX90- 0197B (ANNEX D, PAGE 385, RESOLUTION #2012-03-038R)• 1838 Magnolia Street (Bannert), Lot 1 & E 14 ½’ of Lot 2, Block 3, Avondale Addition, $1,000.00, Suit No. TAX91-0035B (ANNEX E, PAGE 387, RESOLUTION #2012-03-036R)• 514 W 15th Street, (Gist), Lot 8, Block 1, Mineola Annex Addition, $1,100.00, Suit No. TAX92-0085B (ANNEX F, PAGE 389, RESOLUTION #2012-03-037R)• 213 W Avenue R, (Cuellar), Lot 18 of Jones SD of E ½ of Block 140, Fort Concho Addition, $1,100.00, Suit No. TAX90-162B (ANNEX G, PAGE 391, RESOLUTION #2012-03-038R)• 624 Culwell, (Martinez), W 50’ of Lot 2, Block 3, C.C. Culwell Addition, $1,000.00, Suit No. TAX93- 0029B (ANNEX H, PAGE 393, RESOLUTION #2012-03-039R)• 112 W 16th Street, (Gonzalez), Lot 10, Block 14, Lasker Addition, $1,100.00, Suit No. B-95-0037-T (ANNEX I, PAGE 395, RESOLUTION #2012-03-040R)• 24 W 11th Street, (Murillo), Lot 15, block 53, Miles Addition, $1,000.00, Suit No. B-94-0062-T (ANNEX J, PAGE 397, RESOLUTION #2012-03-041R)ADOPTION OF A RESOLUTION AUTHORIZING THE SALE TO FIRST UNITED METHODISTCHURCH, LANDLORD, OF TENANT IMPROVEMENTS AND FIXTURES INSTALLED BY THE CITYOF SAN ANGELO, TENANT, TO THE LEASED OFFICE BUILDING LOCATED AT 106 S.CHADBOURNE, FOR $125,000.00, AND AUTHORIZATION FOR THE INTERIM CITY MANAGEROR HIS DESIGNEE TO EXECUTE A BILL OF SALE AND RELATED DOCUMENTS NECESSARY TOCOMPLETE THE SALE AND TRANSFER (ANNEX K, PAGE 399, RESOLUTION #2012-03-042R)AUTHORIZATION FOR THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALEASE AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND THE UNITED STATES OFAMERICA IN THE AMOUNT OF $350,000.00 PER YEAR FOR THE EXCLUSIVE USE OF TWOHANGARS (AMCOM) AT SAN ANGELO REGIONAL AIRPORTADOPTION OF A RESOLUTION APPOINTING ELECTION OFFICIALS, JUDGES, AND ALTERNATEJUDGES FOR THE GENERAL ELECTION TO BE HELD ON MAY 12, 2012; AND PROVIDING FORAN EFFECTIVE DATE (ANNEX L, PAGE 401, RESOLUTION #2012-03-043R)SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT“A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX M,PAGE 407, ORDINANCE #2012-03-044)Z 12-02: BILLY HUFFMANAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
  • 9. Minutes Page 373March 20, 2012 Vol. 103FOLLOWING PROPERTY, TO WIT: 1710 COX LANE, APPROXIMATELY 700 FEET WEST FROMTHE INTERSECTION OF COX LANE AND BEN FICKLIN ROAD, SPECIFICALLY OCCUPYING THEB & R SUBDIVISION, SECTION 2, TRACT 2 IN SOUTH CENTRAL SAN ANGELO, CHANGING THEZONING CLASSIFICATION FROM RANCH & ESTATE (R&E) TO OFFICE WAREHOUSE (OW)DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYSECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE 2011-2012 BUDGET(ANNEX N, PAGE 409, ORDINANCE #2012-03-045)AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCALYEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR NEW PROJECTS,INCOMPLETE PROJECTS, AND GRANTSMotion, to approve the Consent Agenda, as presented, with the exception of PK-02-11/Rio Vista ParkRenovation and Above the Clouds, LLC Concessionaire Lease Agreement, was made by CouncilmemberAdams and seconded by Councilmember Hirschfeld. Motion carried unanimously.REGULAR AGENDA: PUBLIC HEARING AND COMMENTAWARD OF BID FOR PK-02-11/RIO VISTA PARK RENOVATION TO TEMPLETON CONSTRUCTION,INC. (SAN ANGELO, TX) IN THE AMOUNT OF $636,400.00, AND AUTHORIZATION FOR THEINTERIM CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE A CONTRACT AND EXECUTE ANYRELATED DOCUMENTSAssistant City Manager Rick Weise presented background information.Motion, to award, as presented, was made by Councilmember Morrison and seconded by CouncilmemberHirschfeld. Motion carried unanimously.AUTHORIZATION FOR THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE ACONCESSIONAIRE LEASE AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND ABOVE THECLOUDS, LLC IN THE AMOUNT OF $300.00 PER MONTH OR 5% OF GROSS RECEIPTS,WHICHEVER IS GREATER, AT THE SAN ANGELO REGIONAL AIRPORT TERMINAL BUILDINGAirport Director Luis Elguezabal presented background information.Responding to a question from Councilmember Silvas, Mr. Elguezabal stated this agreement will not affect thecurrent concessionaire with Carlo Campanelli. He noted Mr. Campanelli’s contract outlines exclusive rights tospecific buildingsMotion, to authorize, as presented, was made by Councilmember Silvas and seconded by CouncilmemberAdams. Motion carried unanimously.PRESENTATION FROM AND INTERVIEW OF EXECUTIVE SEARCH FIRMS FOR CONSIDERATIONOF THE RECRUITMENT OF THE CITY MANAGER POSITION:• Robert Slavin, President, Slavin Management Consultants – will present on 4/3• Alan Taylor, Senior Vice President, Strategic Government Resources (SGR)Mayor Pro Tem Farmer explained due to inclement weather, Mr. Slavin is unable to attend today’s meeting. Inall fairness to Mr. Slavin, City Council will interview his firm at the April 3, 2012 meeting. She noted staff willrecord and present today’s presentation at the next meeting.Human Resources Director Lisa Marley introduced Mr. Taylor and he presented background information.
  • 10. Page 374 MinutesVol. 103 March 20, 2012RECESSAt 9:56 A.M., Mayor Pro Tem Farmer called a recess.RECONVENEAt 10:13 A.M., Council reconvened, and the following business was transacted:Mayor Pro Tem Farmer stated City Council will consider the full item at the April 3, 2012 meeting.Councilmember Adams left the meeting at 10:31 A.M.POSTPONEMENT OF THE RECOMMENDATION FOR PK 03-11/CONCHO RIVER WATER FEATURETO BEGIN NEGOTIATIONS WITH WESCO FOUNTAINS OF NORTH VENICE, FLORIDA FORPROPOSAL AND INSTALLATION OF A FOUNTAIN/WATER FEATURE IN THE CONCHO RIVER,AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTEA CONTRACT AND ANY RELATED DOCUMENTS WITH A NOT-TO-EXCEED AMOUNT OF$550,000.00Construction Manager David Knapp and Parks and Recreation Director Carl White presented backgroundinformation. A copy of the presentation is part of the Permanent Supplemental Minute record.Assistant City Manager Rick Weise explained the funding for the project noting the annual operating costs maybe between $35-50K.General discussion was held on creating an on-demand concept for the design, the maintenance and longevity ofthe system, possible revenue generating options, and examples of water features from other cities.Public comment was made by Citizens Jim Turner and Art Elkins.Motion, to postpone the item until staff can present maintenance and specific equipment replacement cost of thesystem, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld. Motion carriedunanimously.RECESSAt 11:13 A.M., Mayor Pro Tem Farmer called a recess.RECONVENEAt 11:26 A.M., Council reconvened, and the following business was transacted:PRESENTATION OF THE FISCAL YEAR 2013-2016 STATEWIDE TRANSPORTATIONIMPROVEMENT PROGRAM (STIP) FOR THE 15 COUNTIES OF TEXAS DEPARTMENT OFTRANSPORTATION-SAN ANGELO DISTRICT, INCLUDING THE SAN ANGELO URBAN AREA ONSAN ANGELO’S TRANSPORTATION IMPROVEMENT PROGRAM (TIP) FOR FISCAL YEARS 2013-2016San Angelo Metropolitan Planning Organization Interim Director Doray Hill, Jr. and Director of TransportationPlanning and Development, San Angelo District, John DeWitt presented background information. Copies of thepresentations are part of the Permanent Supplemental Minute record.Mr. Hill announced public hearings will be held on April 11, 2012 at 2:00 P.M. and April 12, 2012 at 10:00A.M.REVIEW OF CITY HALL, LIBRARY, AND AUDITORIUM BUDGETSAssistant City Manager Elizabeth Grindstaff presented background information. A copy of the presentation ispart of the Permanent Supplemental Minute record.
  • 11. Minutes Page 375March 20, 2012 Vol. 103• APPROVAL FOR STAFF TO USE THE REMAINING FUNDS FOR FURNISHINGS, PLAZA DEVELOPMENT, LANDSCAPING, LIGHTING, AND RELATED MATTERS• APPROVAL OF FUNDING FOR CITY HALL AND LIBRARY OFFICE FURNITURE AND FIXTURESGeneral discussion was held on the cost of the project, the change orders to the project, the overall savings,additional work proposed by staff, whether to purchase the furniture in phases, and reallocating funds towardsthe landscaping fund.Motion, to fund the proposed projects, as presented, was made by Councilmember Silvas and seconded byCouncilmember Alexander. AYE: Alexander, Silvas, Adams, Hirschfeld, and Farmer. NAY: Morrison.Motion carried 5-1.• APPROVAL OF THE NEW NAMING AND PLACEMENT OF SIGNAGE OF THE HISTORIC LIBRARY BUILDINGMs. Grindstaff advised separate signage would be placed in front of the building identifying the division andvarious departments within the facility.Motion, to approve, as presented, was made by Councilmember Alexander and seconded by CouncilmemberSilvas. Motion carried unanimously.• DISCUSSION REGARDING OPERATIONAL CHANGES ASSOCIATED WITH OCCUPANCY OF THE REHABILITATED BUILDINGSNo action was taken on this item.PUBLIC HEARING AND APPROVAL OF A RECOMMENDATION BY THE CITY OF SAN ANGELODEVELOPMENT CORPORATION BOARD OF DIRECTORS TO DIRECT THE PUBLICATION OF A 60-DAY NOTICE OF THE SPECIFIC PROJECT FOR PUBLIC COMMENT PERIOD; AWARDING THEFOLLOWING REQUEST FOR BIDS, APPROVING THE RELEASE OF THE BID BOND ONWITHDRAWAL OF A BID, AND AUTHORIZATION FOR INTERIM CITY MANAGER TO NEGOTIATEAND EXECUTE CONTRACTS RELATED TO THE ABATEMENT AND DEMOLITION OF THEQUALTRUST BUILDING AND CATTLE BARN ON THE SAN ANGELO FAIRGROUNDS AND THECONSTRUCTION OF A NEW LIVESTOCK BARN ON THE SAME SITE, AND RELATED MATTERSAS FOLLOWS:• AWARD OF RFB NO. CE-01-12 FOR THE ASBESTOS ABATEMENT AND DEMOLITION OF QUALTRUST BUILDING AND CATTLE BARN TO EMPIRE ENVIRONMENTAL IN THE AMOUNT OF $67,600.00 TO INCLUDE ASBESTOS ABATEMENT, DEMOLITION OF THE EXISTING BUILDING, HAUL OFF OF ALL MATERIALS, AND PROPER DISPOSAL THEREOF• AWARD OF RFB NO. CE-02-11 FOR CONSTRUCTION OF A NEW LIVESTOCK BUILDING TO RM FORD CONSTRUCTION IN THE AMOUNT OF $1,154,000.00 FOR THE CONSTRUCTION OF A NEW 32,400-SQUARE-FOOT LIVESTOCK BARN, RM FORD CONSTRUCTION BEING THE SECOND-LOWEST BIDDER• APPROVAL OF A REQUEST BY RBR CONSTRUCTION, INC. FOR THE RELEASE OF BID BOND DUE TO WITHDRAWAL OF ITS BIDAssistant City Manager Rick Weise and Community and Economic Development Director Shawn Lewispresented background information. Mr. Weise informed any contingency balance would be returned to the SanAngelo Stock Show and Rodeo Association.
  • 12. Page 376 MinutesVol. 103 March 20, 2012Motion, to award bid and approve related matters, as presented, was made by Councilmember Morrison andseconded by Councilmember Silvas. Motion carried unanimously.RECESSAt 12:42 P.M., Mayor Pro Tem Farmer called a recess.EXECUTIVE/CLOSED SESSIONCouncil did not convene in Executive Session under the provision of Government Code, Title 5. OpenGovernment; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions toRequirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value ofreal property; Section 551.071(1)(a) to consult with attorney on pending or contemplated litigation and Section551.071(2) to consult with attorney on a matter in which the duty of the attorney to the governmental bodyunder the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with thischapter on issues related to the Texas Open Meetings Act; and, Section 551.087 to discuss an offer of financialor other incentive to a company or companies with whom the City of San Angelo is conducting economicdevelopment negotiations and which the City of San Angelo seeks to have, locate, stay or expand in SanAngelo.RECONVENEAt 1:28 P.M., Council reconvened, and the following business was transacted:APPROVAL OF MUNICIPAL POOL FEES, RENTAL RATES, HOURS OF OPERATIONRecreation Manager MaryAnn Vasquez presented background information. A copy of the presentation is part ofthe Permanent Supplemental Minute record.General discussion was held on utilizing the entire profits made from the pool for maintenance, the operatinghours of the pool for either public swimming or pool parties, the percentage of increase of the entry fee andwhether to moderately increase the fees, the option to provide staff flexibility to promote special days or specialrates, and whether to decrease the rate for seniors.Motion, to approve the seven (7) day operation week and allocating 100% profit from the operation of the poolfor maintenance, as presented, was made by Councilmember Farmer. Motion failed due to the lack of second.Councilmember Adams arrived to the meeting at 2:08 P.M.Motion, to approve the seven (7) day operation week and set the pool fees, as presented, including allocating100% profit from the operation of the pool for maintenance and the option to provide staff the flexibility to offerspecials and promotional days, decreasing the senior rate to $3, was made by Councilmember Adams andseconded by Councilmember Farmer. Motion carried unanimously.FOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONNo action was taken on matters discussed in Executive/Closed Session.ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMSThe City of San Angelo will hold public meetings on March 20, 22 and 26 of 2012 to gather citizen input on the2012-2017 Capital Improvement Plan.Interim City Manager Michael Dane distributed the proposed April 3, 2012 Agenda and solicited Councilcomments and suggestions.
  • 13. Minutes Page 377March 20, 2012 Vol. 103Councilmember Farmer- Prioritizing items, specifically discussion items, on the agenda- Review procedure for authorizing staff to place items on the agenda and other board/commission agendas without prior City Council knowledgeCouncilmember Adams – protecting buyers purchasing property directly from property owners regardingproperty judgments and related real estate transactionsCouncilmember Silvas – building a zoo in San Angelo and possibly expanding the Nature CenterCouncilmember Morrison – netting on ball fields at South Concho Sports ComplexCouncilmember Alexander- Recognizing Earth Day and tying in related events with Keep San Angelo Beautiful- Policing of title lendersADJOURNMENTMotion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld.Motion carried unanimously.The meeting adjourned at 2:26 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, MayorATTEST:_______________________________Alicia Ramirez, City ClerkAnnexes A-NIn accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of thismeeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Councilmeetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased fromthe Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recordingmay be distorted due to equipment malfunction or other uncontrollable factors.)
  • 14. Page 378 MinutesVol. 103 March 20, 2012 THIS PAGE INTENTIONALLY LEFT BLANK.
  • 15. City of San AngeloMemo Date: March 19, 2012 To: Councilmembers From: Patrick Frerich, Vehicle Maintenance Subject: Agenda Item for April 3, 2012 Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 Caption: Consent Consideration of awarding Buyboard quote VM-03-12 for ambulance chassis and HGAC quote VM-04-12 for ambulance box remounts, and authorizing the Interim City Manager or designee to execute any necessary related documents. Summary: A Buyboard quote was solicited and received from Caldwell Chevrolet for two (2) one-ton chassis for the use of ambulance vehicles. An HGAC quote was also sought and received from Frazer, LTD for the removal, refurbishing, and remounting of existing boxes already used by the San Angelo Fire Department. History: The City has established a replacement cycle for ambulance chassis of two per year. City-owned ambulance boxes are removed, cleaned, updated, and remounted on the new chassis. Financial Impact: The City will purchase two (2) one-ton chassis from Caldwell Country ($51,926.00) off Buyboard contract #358-10 and the remount service from Frazer ($86,400) off HGAC contract #AM04-10 from capital account 501-9100-800-07-42. Related Vision Item: NA Other information/Recommendation: Staff recommends awarding the bid to Caldwell Chevrolet (Caldwell, TX) and Frazer, LTD (Houston, TX). Attachments: None Reviewed by: Brian Dunn, Fire ChiefX:PF DocumentsBid Documents2012 Equipment BidsAgenda BackgroundBackground Memo VM-03-12 & VM-04-12 -Ambulance Chassis and Remounts.doc
  • 16. City of San AngeloMemo Date: March 6, 2012 To: Mayor and Councilmembers From: Will Wilde, Water Utilities Director Subject: Agenda Item for March 20, 2012 Council Meeting Contact: Will Wilde, Water Utilities Director, 657-4209 Caption: Water Utilities Bid “RFP: WU-02-12/Lake Pumping System” Summary: Proposals have been received from five contractors for rental of a lake water pumping system that would be utilized to transfer water from the South Pool of Twin Buttes Reservoir to the North Pool. The system will consist of diesel powered pumps, suction piping and discharge piping. The pumps will have a capacity of approximately 25 million gallons per day (76 acre-feet/day). History: When the water level in the South Pool drops below elevation 1925, the remaining water can no longer be utilized and is trapped in dead storage. To recover this water, about 4,600 acre-feet, pumps must be utilized to either pump the water through the equalization channel to the North Pool or pump the water over the dam, into the South Concho River channel. Financial Impact: The pumping system is subject to an initial 2 month minimum which includes delivery, set-up, demobilization, and rental costs. After this, the rental would be on a month-to-month basis. Initial fee for 2 months - $168,954 Monthly rental fee - $53,556 Estimated Monthly Operating Costs - $52,250 The total cost to operate the pumping system: For 2 months - $221,204 For 3 months - $327,010 For 4 months - $432,816 Other Information/Recommendation: Proposals were evaluated on overall cost; experience of the contractor; availability of pumps; and best value for the City. The best ranking proposal was submitted by Gajeske, Inc. It is recommended the proposal from Gajeske be accepted subject to approval of a budget amendment in water operating to fund the project. Attachments: Ranking
  • 17. Presentation: None.Publication: None.Reviewed by Service Area Director: Will Wilde, Water Utilities Director, March 6, 2012
  • 18. City of San AngeloMemo Date: March 13, 2012 To: Roger Banks, Purchasing Manager From: Will Wilde, Water Utilities Director Subject: RFP: WU-02-12/Lake Water Pumping System Ranking The Responses for RFP: WU-02-12/Lake Water Pumping System were reviewed by a three member committee consisting of Tom Kerr, Kevin Krueger and myself. The responses were scored as shown below. The systems were ranked based on overall cost, conformance to specifications, experience and availability. In general, the pumping systems proposed by the respondents were of a type that is suitable for pumping raw water. The respondents were companies with experience in providing mobile pumping systems of the size specified. Availability of pumps ranged from 2 to 30 days after notice; all of which are reasonable for the proposed project. The major factor that influenced rankings was the total system cost which included rental fees and operating expenses. 1. Gajeske. 280 Points. The system consists of three 5,667 gpm pumps powered by 275 hp diesel engines. The suction and discharge piping is 18” and each pump has independent piping. The fuel consumption for each engine is estimated to be 5 gph. The system has the lowest overall estimated cost for two months of operation at $270,154. 2. Sunbelt. 265 Points. The system consists of two 8,681 gpm pumps powered by 425 hp engines. The system uses 24” suction and discharge piping. The fuel consumption per engine is estimated at 16.3 gph. The system had the second lowest total costs for two months operation at approximately $484,634. 3. Griffin. 230 Points. The system consists of two 9,000 gpm pumps powered by 225 hp engines that each utilized 9.9 gph of fuel. The system utilizes 18” suction and
  • 19. 24” discharge piping. The system had the fourth lowest overall estimated cost for two months of operation at $615,830. 4. Mersino. 226 Points. The system consists of three 5,787 gpm pumps powered by 250 hp engines at a fuel consumption of 7.5 gph each. The system utilizes 18” suction and 36” discharge piping. The system had the third lowest estimated cost for two months of operation at $564,450. 5. Xylem. 161 Points. The system consists of three pumps, 5,800 gpm each powered by 300 hp diesel engines. The system utilizes 24” suction and 30” discharge piping. The system is available on a one week notice. The estimated fuel consumption is 6.5 gph per engine. Pricing for the system based on a 24 hour per day operation was not provided.Based on the ranking of the proposals, the committee recommends accepting the proposalfrom Gajeske.
  • 20. City of San AngeloMemo Date: March 19, 2012 To: Councilmembers From: Patrick Frerich, Vehicle Maintenance Subject: Agenda Item for April 3, 2012 Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651 Caption: Consent Consideration of approving additional purchases off VM-09-11 - Light Duty Vehicles, and authorizing the City Manager or designee to execute any necessary related documents. Summary: The Vehicle Maintenance Department requested formal bids for Light Duty Vehicles which was awarded by City Council to Jim Bass Ford and Caldwell Country on October 4, 2011. Approval is sought for purchases in addition to those presented and approved on this date. Purchases of approximately $200,000 have already been completed off this bid. Thus, although this purchase does not exceed the $50,000 Purchasing Threshold, the cumulative amount of this commodity requires Council approval. History: Bids were requested for ¼ ton through 1.5 ton pickups and SUVs for the purpose of replacing current units that are past their useful operational life and expansion of fleet. Formal bids are requested from vendors listed on the Purchasing Master Data Base, and are advertised in local media for the purpose of acquiring light duty vehicles for a one year term of the bid. A vendor and their submitted pricing is approved and used as the basis for ordering vehicles throughout the term year. Awards are given based on the financial impact of the bid; the completeness of the bid; inclusion and pricing of items and options requested; the competence of the vendor regarding the purchase transaction; and the after-sale benefits including location of warranty shops, parts supply lead-time and availability, etc. Financial Impact: The City recommends approving purchases totaling $43,449.00. A vehicle for the Fire Department will be purchased for $24,258 from budget account 501-9000-800-0742. Additionally, a vehicle for Water Utilities Engineering will be purchased for $19,191 from account 260-4400-800-0742. Related Vision Item: NA Other information/Recommendation: Staff recommends awarding the bid and subsequent light duty vehicle purchases to Jim Bass Ford (San Angelo, TX) and Caldwell Country Chevrolet Ford (Caldwell, TX) as assigned on Bid Tabulation VM-09-11. Attachments: Bid Tabulation VM-09-11 Reviewed by: Will Wilde, Director – Water; Chief Brian Dunn – Fire ChiefX:PF DocumentsBid Documents2012 Equipment BidsAgenda BackgroundBackground Memo VM-09-11 - Light Duty Vehicles -Additional Vehicles.doc
  • 21. CITY OF SAN ANGELO BID TABULATION * RFB NO: VMͲ09Ͳ11/Light Duty Vehicles * September 8, 2011 Vendor Caldwell Country Chevrolet Ford Jim Bass Ford Est Qty Total Bid Delivery Days Est Qty Total Bid Delivery Days1/4 Ton Regular Cab 1 $ 21,740.00 90 NO BIDMake and Model Quoted 2012 Chevrolet Colorado1/4 Ton Extended Cab 1 $ 21,699.00 90 NO BIDMake and Model Quoted 2012 Chevrolet Colorado1/2 Ton Regular Cab 1 $ 22,818.00 90 1 $ 24,965.00 60Make and Model Quoted 2012 Chevrolet Silverado 1500 2012 Ford F1501/2 Ton Extended Cab 1 $ 24,991.00 90 1 $ 27,277.00Make and Model Quoted 2012 Chevrolet Silverado 1500 2012 Ford F1501/2 Ton Crew Cab 1 $ 28,030.00 90 1 $ 30,469.00 60Make and Model Quoted 2012 Chevrolet Silverado 1500 2012 Ford F1503/4 Ton Regular Cab 1 $ 25,089.00 90 1 $ 24,408.00 60Make and Model Quoted 2012 Chevrolet 2500HD 2012 Ford F2503/4 Ton Extended Cab Cab 1 $ 26,712.00 90 1 $ 26,346.00 60Make and Model Quoted 2012 Chevrolet 2500HD 2012 Ford F2503/4 Ton Crew Cab 1 $ 27,634.00 90 1 $ 27,620.00 60Make and Model Quoted 2012 Chevrolet 2500HD 2012 Ford F2501 Ton DRW Regular Cab 1 $ 26,931.00 90 1 $ 26,651.00 60Make and Model Quoted 2012 Chevrolet 3500HD F350 Chassis DRW1 Ton DRW Extended Cab 1 $ 28,482.00 90 1 $ 28,635.00 60Make and Model Quoted 2012 Chevrolet 3500HD F350 Chassis DRW1 Ton DRW Crew Cab 1 $ 30,208.00 90 1 $ 29,620.00 60Make and Model Quoted 2012 Chevrolet 3500HD 2012 F350 Chassis DRW1.5 Ton DRW Regular Cab 1 $ 47,325.00 90Ͳ120 1 $ 32,978.00 60Make and Model Quoted 2012 Ford F450 2012 F450 Chassis DRW1.5 Ton DRW Extended Cab 1 $ 49,793.00 90Ͳ120 1 $ 34,949.00 60Make and Model Quoted 2012 Ford F450 Supercab X4 2012 F450 Chassis DRW
  • 22. 1.5 Ton DRW Crew Cab 1 $ 50,920.00 90Ͳ120 1 $ 36,274.00 60Make and Model Quoted 2012 Ford F450 Crew 2012 F450 Chassis DRW1/4 Ton Utility Vehicle 1 $ 20,732.00 90 1 $ 19,586.00 60Make and Model Quoted 2012 Ford Escape XLS 2012 Ford Escape1/2 Ton Utility Vehicle 1 $ 25,622.00 90 1 $ 24,478.00 60Make and Model Quoted 2012 Ford Explorer XL K7B 2012 Ford Explorer3/4 Ton Utility Vehicle 1 $ 39,760.00 90 1 $ 27,757.00 60Make and Model Quoted 2012 Chevrolet 2500 Suburban 2012 Ford Expedition1 Ton Passenger Van 1 $ 24,212.00 90Ͳ120 1 $ 24,902.00 60Make and Model Quoted 2012 Chevrolet 3500 Express Pass Van 2012 Ford E350 WagonRequests for Bids Mailed To:All American Autoplex San Angelo TXAll American Chevrolet San Angelo TXAllen Samuels Chrysler/Dodge/Jee Waco TXBaby Jack II Automotive LTD Caldwell TXDallas Dodge Austin TXHall Buick, Pontiac, GMC Tyler TXJim Bass Ford San Angelo TXMac Haik Ford Georgetown TXMitchell Toyota Kia San Angelo TXPhilpott Motors LTD Nederland Nederland TXReliable Chevrolet Richardson TXSam Packs Five Star Ford Carrolton TX
  • 23. City of San AngeloMemo Date: March 22, 2012 To: Mayor and Councilmembers From: Scott Farris, Assistant Fire Chief Subject: Agenda Item for 04/03/12 Council Meeting Contact: Scott Farris, Fire Department, (325) 657-4355 Caption: Consent Consideration of awarding RFB NO: PRO-01-12/Modular Manufactured Building behind Fire station #2, 4702 Southland Summary: RFB NO: PRO-01-12/Modular Manufactured Building was posted, advertised, and sent to 38 parties. Three bids were received as shown on the bid tab attached. Chris Leith Automotive, Inc. has placed a bid in the amount of $25,001.00. We ask for the authorizing city manager or his designee to execute all documents necessary to complete this award. The description and location is the modular manufactured building behind Fire Station #2 at 4702 Southland. History: The modular manufacture building was purchased and placed behind Fire Station #2 to be used as fire fighters quarters while fire station #2 was remodeled. Fire Station #2 remodel has been completed and firefighters have moved back into Fire Station #2. The modular manufactured building is being sold Financial Impact: $25,001.00 – These funds will be used for additional improvements within the Fire Department. Related Vision Item n/a (if applicable): Other Information/ Staff recommends awarding the bid to the successful bidder Recommendation: Attachments: PUR PRO-01-12 Addendum 1.pdf PUR PRO-01-12 Modular Manufactured Building.pdf PUR PRO-01-12 MODULAR MANUFACTURED BUILDING - Bid Tab.pdf; and Bill of Sale Presentation: n/a Publication: n/a Reviewed by Brian Dunn 03/19/2012 Director: Approved by Legal:
  • 24. &,7< 2) 6$1 $1*(/2 385&+$6,1* (3$570(17 P.O. Box 1751, San Angelo, Texas 76902 Tel: (325) 657-4220 or 657-4212 EhD ϭĂƚĞ͗ :ĂŶƵĂƌLJ Ϯϰ͕ ϮϬϭϮZ EŽ͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐŽĐĂƚŝŽŶ͗ ^ĂŶ ŶŐĞůŽ͕ dĞdžĂƐWƌĞͲŝĚ tĂůŬͲdŚƌƵ ĂƚĞ͗ dŚƵƌƐĚĂLJ͕ ĞďƌƵĂƌLJ ϯ͕ ϮϬϭϮ ĨƌŽŵ ϯ͗ϬϬ WD ƚŽ ϰ͗ϯϬ WD ƌŝĚĂLJ͕ ĞďƌƵĂƌLJ ϯ͕ ϮϬϭϮ ĨƌŽŵϯ͗ϬϬ WD ƚŽ ϰ͗ϯϬ WDdŚĞ ĨŽůůŽǁŝŶŐ ĐůĂƌŝĨŝĐĂƚŝŽŶƐ͕ ĐŚĂŶŐĞƐ͕ ĂĚĚŝƚŝŽŶƐ͕ ĂŶĚͬŽƌ ĚĞůĞƚŝŽŶƐ ĂƌĞ ŚĞƌĞďLJ ŵĂĚĞ ƚŽ ƚŚĞ ƐƉĞĐŝĨŝĐĂƚŝŽŶƐ ĂŶĚ ĐŽŶƚƌĂĐƚĚŽĐƵŵĞŶƚƐ͗ • dŚĞ WƌĞͲŝĚ tĂůŬͲdŚƌƵ ĚĂƚĞ ŚĂƐ ďĞĞŶ ĐŽƌƌĞĐƚĞĚ ƚŽ ƌŝĚĂLJ͕ ĞďƌƵĂƌLJ ϯ͕ ϮϬϭϮ ĨƌŽŵ ϯ͗ϬϬ WD ƚŽ ϰ͗ϯϬ WD ;ƐĞĞ ĐŽƌƌĞĐƚĞĚ ƉĂƌĂŐƌĂƉŚ ďĞůŽǁͿWĂŐĞ ϱ͕ ϯ͘ϭ ƵŶĚĞƌ ͞/E^dZhd/KE^ dK /Z^͟ 3.1. Pre-Bid Walk-Thru A Pre-Bid Walk-Thru will be held at 4702 Southland on Thursday Friday, February 3, 2012 from 3:00 PM to 4:30 PM. Representatives of the City will be available to discuss Bid procedures./ƚ ŝƐ ƚŚĞ ƐŽůĞ ƌĞƐƉŽŶƐŝďŝůŝƚLJ ŽĨ ƚŚĞ Ĩŝƌŵ ƚŽ ĞŶƐƵƌĞ ƚŚĂƚ ƚŚĞ ƐĞĂůĞĚ ƐƵďŵŝƚƚĂů ĂƌƌŝǀĞƐ Ăƚ ƚŚĞ ĂďŽǀĞ ůŽĐĂƚŝŽŶ ďLJ ƐƉĞĐŝĨŝĞĚ ĚĞĂĚůŝŶĞƌĞŐĂƌĚůĞƐƐ ŽĨ ŵĞƚŚŽĚ ĐŚŽƐĞŶ ďLJ ƚŚĞ ĐŽŵƉĂŶLJ ĨŽƌ ĚĞůŝǀĞƌLJ͘ĂdžĞĚ Žƌ ĞůĞĐƚƌŽŶŝĐĂůůLJ ƚƌĂŶƐŵŝƚƚĞĚ ƐƵďŵŝƚƚĂůƐ ǁŝůů ŶŽƚ ďĞ ĂĐĐĞƉƚĞĚ^ŝŶĐĞƌĞůLJ͕ZŽŐĞƌ ^͘ ĂŶŬƐWƵƌĐŚĂƐŝŶŐ͕ ŝǀŝƐŝŽŶ DĂŶĂŐĞƌLJ͗ͰϭϮͲƌĨdžͰƉƌŽƉĞƌƚLJͰƌĨď ƉƌŽͲϬϭͲϭϮŵŽĚƵůĂƌ ŵĂŶƵĨĂĐƚƵƌĞĚ ďƵŝůĚŝŶŐ ;ĨŝƌĞ ƐƚĂƚŝŽŶ ηϮͿͰĂĚĚĞŶĚƵŵ ϭ Ͳ ϬϭͲϮϰͲϭϮ͘ĚŽĐ WĂŐĞ ϭ
  • 25. /dz K ^ E EK / d h d/KE Ύ Z EK͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ Ύ ĞďƌƵĂƌLJ ϵ͕ ϮϬϭϮ Item Description: Modular Manufactued Building behind Fire Station #2 Description: Used 24’ x 64’ Modular Manufactured Building manufactured by RMD Manufacturing, LTD., 2008, Model No. 1264, Serial No. 4543-A 4543-B. $1,500 BID SECURITY No. BIDDER NO MINIMUM BID INCLUDED? 1 Lakeview Bible Church $ 12,551.79 YES 2 Julie Raymond $ 4,000.00 YES 3 Chris Leith Automotive, Inc $ 25,001.00 YES 4 YES 5 YES 6 YES 7 YES 8 YES 9 YES 10 YES 11 YES 12 YES Bids M il d T Bid Mailed To: Ambleside School of San Angelo San Angelo TX Mertzon Public Schools Mertzon TX Angelo Catholic SchooL San Angelo TX Miles Public Schools Miles TX Cornerstone Christian School San Angelo TX Norton Public Schools Norton TX Gateway Christian Academy San Angelo TX Ozona Public Schools Ozona TX Heights Christian Montessori San Angelo TX Paint Rock Public Schools Paint Rock TX Joy School @ Glen Meadows San Angelo TX Robert Lee Public Schools Robert Lee TX San Angelo Christian Academy San Angelo TX Rowena Public Schools Rowena TX Trinity Lutheran School San Angelo TX Grape Creek Public Schools San Angelo TX Ballinger Public Schools Ballinger TX San Angelo Public Schools San Angelo TX Big Lake Public Schools Big Lake TX Sonora Public Schools Sonora TX Blackwell Public Schools Blackwell TX Sterling City Public Schools Sterling City TX Brady Public Schools Brady TX Texas Leadership Charter Academy San Angelo TX Bronte Public Schools Bronte TX Veribest Public Schools Veribest TX Carlsbad Public Schools Water Valley TX Wall Public Schools Wall TX Christoval Public Schools Christoval TX Water Valley Public Schools Water Valley TX Eden Public Schools Eden TX Winters Public Schools Winters TX Eldorado Public Schools Eldorado TX Miguel Duran San Angelo TX Eola Public Schools Eden TX Forsan Public Schools Forsan TX Lohn Public Schools Lohn TX Menard Public Schools Menard TXz͗ͰϭϮͲZyͰWƌŽƉĞƌƚLJͰZ WZKͲϬϭͲϭϮDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ ;ŝƌĞ ^ƚĂƚŝŽŶ ηϮͿͰŝĚ dĂď
  • 26. LW RI 6DQ $QJHOR 5HTXHVW IRU %LGV RFB No. PRO-01-12 FIRE DEPARTMENT24’ X 64’ MODULAR MANUFACTURED BUILDING LW RI 6DQ $QJHOR 6RXWK KDGERXUQH 6DQ $QJHOR 7H[DV SUBMITTAL DEADLINE February 9, 2012 2:00 P.M. CST
  • 27. TABLE OF CONTENTS This Table of Contents is intended as an aid and not as a comprehensive listing of the proposal package. Respondents are responsible for reading the entire proposal package and complying with all specifications.Section Page1. INTRODUCTION ..................................................................................................................................................1 1.1. GENERAL ....................................................................................................................................................1 1.2. DISQUALIFICATION .....................................................................................................................................1 1.3. DIGITAL FORMAT ........................................................................................................................................1 1.4. REQUIRED RESPONSE ...............................................................................................................................1 1.5. NO BID INSTRUCTIONS ...............................................................................................................................1 1.6. ADDENDA ...................................................................................................................................................1 1.7. INTERPRETATIONS ......................................................................................................................................1 1.8. CONFIDENTIALITY .......................................................................................................................................1 1.9. AWARD OF CONTRACT...............................................................................................................................1 1.10. ACCEPTANCE OF PROPOSAL CONTENT ....................................................................................................2 1.11. COPIES OF BID TABULATION RESULTS ....................................................................................................22. DEADLINE AND DELIVERY LOCATION ............................................................................................................3 2.1. DEADLINE ...................................................................................................................................................3 2.2. COPIES .......................................................................................................................................................3 2.3. SEALED ENVELOPE FORMATTING .............................................................................................................3 2.4. DELIVERY ENVELOPE FORMATTING ..........................................................................................................3 2.5 DELIVERY ADDRESSES: .............................................................................................................................3 2.6 POINTS OF CONTACT .................................................................................................................................33. INSTRUCTIONS TO BIDDERS............................................................................................................................5 3.1. PRE-BID WALK-THRU ................................................................................................................................5 3.2. PROPOSAL/BID INTERPRETATION .............................................................................................................5 3.3. SPECIFICATIONS .........................................................................................................................................5 3.4. SALE “AS IS” .............................................................................................................................................5 3.5. BID SECURITY ............................................................................................................................................5 3.6. DEFAULT IN PURCHASE .............................................................................................................................5 3.7. EXECUTION OF BILL OF SALE ....................................................................................................................5 3.8. CORRECTIONS, ADDITIONS, OR DELETIONS .............................................................................................5 3.9. AUTHORIZED SIGNATURE ..........................................................................................................................5 3.10. MODIFICATION OR WITHDRAWAL OF BIDS ...............................................................................................5 3.11. CONTINGENCY ............................................................................................................................................5 3.12. PICK-UP DATE ...........................................................................................................................................6 3.13. RESERVATIONS ..........................................................................................................................................6 3.14. SUBMISSION OF BIDS ................................................................................................................................6 3.15. CLOSING TIME DATE ..............................................................................................................................6 3.16. LATE BIDS ..................................................................................................................................................6 3.17. ACCEPTANCE .............................................................................................................................................64. TERMS AND CONDITIONS .................................................................................................................................7 4.1. INVOICES PAYMENTS ..............................................................................................................................7 4.2. GRATUITIES ................................................................................................................................................7 4.3. NO WARRANTY BY CITY AGAINST INFRINGEMENTS .................................................................................7 4.4. RIGHT OF INSPECTION................................................................................................................................7 4.5. CANCELLATION ..........................................................................................................................................7 4.6. ASSIGNMENT-DELEGATION .......................................................................................................................7 4.8. MODIFICATIONS ..........................................................................................................................................7 i
  • 28. 4.9. APPLICABLE LAW ......................................................................................................................................75. PICTURES ...........................................................................................................................................................96. SAMPLE BILL OF SALE ................................................................................................................................... 117. BID FORMS ....................................................................................................................................................... 13 DISCLOSURE OF CERTAIN RELATIONSHIPS ........................................................................................................... 15 LOCAL PREFERENCE CONSIDERATION.................................................................................................................. 19 DEBARMENT AND SUSPENSION CERTIFICATION ................................................................................................... 23 BID SHEET .............................................................................................................................................................. 25 AUTHORIZED SIGNATURE/CONTACT INFORMATION .............................................................................................. 25 ii
  • 29. ,7 2) 6$1 $1*(/2 385+$6,1* (3$570(17 P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42121. INTRODUCTION 1.1. General The City of San Angelo is requesting bids for the sale of a used 24’ x 64’ Modular Manufactured Building, manufactured by RMD Manufacturing, LTD., 2008, Model No. 1264, Serial No. 4543-A 4543-B. Modular Building is further identified as: Exterior - Two gauge commercial ribbed steel with wooden deck; Interior - “Finished Out” with Two Large Rooms, Kitchen, 1 1/2 Bathrooms, A/C, Heat Pumps and Gas/Electric. 1.2. Disqualification The Respondent may be disqualified for any of the following reasons: • The Respondent is involved in any litigation against the City of San Angelo; • The Respondent is in arrears on any existing contract or has defaulted on a previous contract with the City; • The Respondent is debarred, suspended, or otherwise excluded from or ineligible for participation in State or Federal assistance programs. 1.3. Digital Format If Respondents obtained the bid specifications in digital format in order to prepare a proposal, the bid must be submitted in hard copy according to the instructions contained in this bid package. If, in its bid response, Respondents makes any changes whatsoever to the published bid specifications, the bid specification as published shall control. Furthermore, if an alteration of any kind to the bid specification is discovered after the contract is executed and is or is not being performed; the contract is subject to immediate cancellation without recourse. 1.4. Required Response The City requires a response to any RFB’s mailed to potential Respondents. Should a company receive an RFB, but choose not to bid on the project, then in order to remain on the City of San Angelo’s Potential Respondents List you must submit a “No Bid”. 1.5. No Bid Instructions To submit a No Bid, complete the Bid Sheet by entering “No Bid” on Line Item 1, complete the Contact Information section, and mail the Bid Sheet pages before the deadline. Firms that do not respond will be removed from the Respondents list. 1.6. Addenda Should specifications be revised prior to the deadline for submittals, the City’s Purchasing Department will issue an addendum addressing the nature of the change. Respondents must sign it and include it in the returned proposal package. Addenda will be posted on the City’s website and mailed to the Respondent’s list. Firm is responsible for contacting the City or checking the City’s website to determine if any addendums have been issued. 1.7. Interpretations All questions about the meaning or intent of the Contract Documents, including specifications shall be submitted to the City in writing. Replies will be issued by Addenda mailed, faxed, emailed, or delivered to all parties recorded by Owner as having received the bid documents. Questions received less than ten (10) days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral interpretations or clarifications will be without legal effect. 1.8. Confidentiality All bids submitted shall remain confidential. After award, proposals will be made available for public inspection. The City shall not be responsible for the confidentiality of any trade secrets or other information contained or disclosed in the proposal unless clearly identified as such. 1.9. Award of Contract The City reserves the right to accept or reject any or all bids, and to waive any informalities or irregularities in the RFB process. The City is an equal opportunity employer.Z͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ ϭ
  • 30. 1.10. Acceptance of Proposal Content Before submitting a proposal, each Respondent shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the performance of the contract and to verify any representations made by the City upon which the proposal will rely. If the Respondent receives an award, failure to have made such investigation and examinations will in no way relieve the Respondent from his obligation to comply in every detail with all provisions and requirements. 1.11. Copies Of Bid Tabulation Results For a copy of the Bid Tabulation results, send a self-addressed stamped envelope to: Purchasing Department, City of San Angelo, P.O. Box 1751, San Angelo, Texas 76902-1751Z͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ Ϯ
  • 31. ,7 2) 6$1 $1*(/2 385+$6,1* (3$570(17 P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42122. DEADLINE AND DELIVERY LOCATION 2.1. Deadline Sealed Request for Bids (RFB) submittals must be received and time stamped, February 9, 2012/2:00 P.M. Local Time. The clock located in Purchasing will be the official time. 2.2. Copies Submit (1) unbound original, (1) one electronic copy of all submission form in PDF format on CD or USB Flash Drive, and (1) complete copy of your bid. (Staples and binder clips are acceptable). 2.3. Sealed Envelope Formatting Mark Sealed Bid Envelope: “RFB: PRO-01-12/ Modular Building” 2.4. Delivery Envelope Formatting Mark delivery envelope “Sealed Bid Enclosed” 2.5 Delivery Addresses: USPS: City of San Angelo Purchasing Department RFB: PRO-01-12 /Modular Building P.O. Box 1751 San Angelo, Texas 76902-1751 DELIVERY SERVICES: City of San Angelo Purchasing Department RFB: PRO-01-12 / Modular Building 106 S. Chadbourne St., RM 204 San Angelo, Texas 76903 Faxed or electronically transmitted bids will not be accepted 2.6 Points Of Contact DIANA FARRIS BRIAN DUNN Property Manager Fire Chief Purchasing Division Fire Department City of San Angelo City of San Angelo P.O. Box 1751 P.O. Box 1751 San Angelo Texas, 76902-1751 San Angelo Texas, 76902-1751 Email: diana.farris@sanangelotexas.us Email: brian.dunn@sanangelotexas.us Telephone: (325) 657-4212 Telephone: (325) 657-4355 It is the sole responsibility of the Respondent to ensure that the sealed RFB submittal arrives at the above location by the specified deadline regardless of method chosen by the firm for delivery.Z͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ ϯ
  • 32. Intentionally Left BlankZ͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ ϰ
  • 33. ,7 2) 6$1 $1*(/2 385+$6,1* (3$570(17 P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42123. INSTRUCTIONS TO BIDDERS 3.1. Pre-Bid Walk-Thru A Pre-Bid Walk-Thru will be held at 4702 Southland on Thursday, February 3, 2012 from 3:00 PM to 4:30 PM. Representatives of the City will be available to discuss Bid procedures. 3.2. Proposal/Bid Interpretation Any explanation desired by a Respondent regarding the meaning or interpretation of the invitation, drawings, specifications, etc. must be requested in writing five (5) days prior to the deadline to the Purchasing Department, City of San Angelo, P.O. Box 1751, San Angelo, TX 76902-1751 to allow sufficient time for evaluation and reply to all prospective Respondents before the submission of their bids. The bid invitation number must appear on all correspondence, inquiries, etc. pertaining to the invitation. Oral explanations or instructions given before the award of the contract are not binding and do not form a part of or alter in any way, the written agreement. 3.3. Specifications Respondents are expected to examine all specifications herein and are responsible for the inspection of the property and should satisfy themselves of the condition of the property. It is the Respondent’s responsibility for inspections, maintenance, repairs, etc... Such inspections will be at the expense of the Respondent. The Respondent will be responsible for being familiar with the property and its condition. FAILURE to do so will be at the Bidder’s risk. 3.4. Sale “As is” Property will be sold “as is” without warranty. 3.5. Bid Security All bids shall include a bid security in the amount of $1,500.00, which will be applied toward the purchase price. Only Money Orders and Certified Checks are accepted; and are to be made out to the City of San Angelo. The Bid securities will be returned to all unsuccessful Respondents within ten (10) business days of the City Council award of bid. 3.6. Default in Purchase If Respondent is awarded the bid and fails to purchase the property, Bidder agrees to forfeit the security amount in addition to any amount required by the Bill of Sale to the City. 3.7. Execution of Bill of Sale Within ten (10) business days of awarding the bid, Bidder will execute a Bill of Sale in substantially form which attached hereto. 3.8. Corrections, Additions, Or Deletions Corrections, additions, or deletions to any portion of the invitation will be in the form of a written amendment or addendum. 3.9. Authorized Signature Bids must show Respondent’s name, address, and be manually signed. The person signing the bid must have authority to execute contract. Any erasures or other changes must be initialed by the person signing the offer. If Respondent is married, the spouse must also sign the bid, unless the property will be purchased with separate property funds. 3.10. Modification Or Withdrawal Of Bids Bid pricing CANNOT be altered or amended after the closing time. Bids may be modified or withdrawn prior to the closing hour and date by written notice to the Purchasing Department. A bid may also be withdrawn in person by a Respondent or his authorized agent, provided his identity is made known and he signs a receipt for the bid. No bid may be withdrawn after the closing time and date without acceptable reason in writing and with approval of the Purchasing Department. 3.11. Contingency No Contingency Contracts will be accepted.Z͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ ϱ
  • 34. 3.12. Pick-Up Date Property must be removed from 4702 Southland within thirty (30) days after Notice of Award. In the event Bidder pays for the Property but fails to remove the Property within the time specified, the Bidder forfeits his rights to the Property and Bid Security; and ownership of the Property reverts back to the City. 3.13. Reservations The City expressly reserves the right to accept, reject, or cancel all bids AND: Waive any defect, irregularity, or informality in any bid or bidding procedure. Extend the bid closing time and date. Reissue a bid invitation or proposal. Consider and accept an alternate bid as provided herein when most advantageous to the City. Extend any contract when most advantageous to the City. 3.14. Submission Of Bids Sealed bids are to be returned by the closing time and date stated in the Deadlines and Delivery Options Section, page 3. Faxed bids will not be accepted. 3.15. Closing Time Date All bids must be returned in sufficient time to be received in the Purchasing Department on or before the advertised closing date and time 3.16. Late Bids Bids received after the advertised closing time and date regardless of the mode of delivery, will be refused and returned unopened. 3.17. Acceptance Acceptance of Respondent’s offer will be notified by telephone and/or mail after final approval and acceptance of its offer by the San Angelo City Council.Z͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ ϲ
  • 35. ,7 2) 6$1 $1*(/2 385+$6,1* (3$570(17 P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42124. TERMS AND CONDITIONS 4.1. Invoices Payments This sale is a cash sale. Payment is due in full, no later than ten (10) days after bid has been awarded. 4.2. Gratuities The City may, by written notice to the Buyer, cancel this contract without liability to Respondent if it is determined by the City that gratuities were offered from an agent or representative of the Buyer to any officer or employee of the City with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations in respect to the performing of such contract. In the event this contract is canceled by the City, remedies to recover or withhold the amount of the cost shall be incurred by Buyer in providing such gratuities. 4.3. No Warranty By City Against Infringements The City does not make any Warranties or Guaranties, expressed or otherwise, except as provided for in the Bill of Sale. 4.4. Right of Inspection Respondent shall have the right to inspect the property before bidding on it. 4.5. Cancellation Any cancellation of Bill of Sale shall be in accordance with the terms herein and the Bill of Sale. 4.6. Assignment-Delegation No right or interest in the Bill of Sale shall be assigned nor shall any delegation of any obligation made by Buyer be valid without the written permission of the City. Any attempted assignment or delegation by Buyer shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 4.7. Waiver No claim or right arising out of a breach of Bill of Sale can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 4.8. Modifications This contract can be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents. 4.9. Applicable Law This agreement shall be governed by the all applicable laws. 4.10. Legal Venue Venue shall be in Tom Green County, Texas. 4.11. Advertising Buyer shall not advertise or publish, without the City prior consent, the fact that the City has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the Federal, State, or Local government. 4.12. Conflict of Interest Buyer agrees to comply with the conflict of interest provisions of the Texas State Law and the City of San Angelo Charter and Code of Ordinances. Buyer agrees to maintain current, updated disclosure of information on file with the Purchasing Department throughout the term of the Bill of Sale, as applicable. 4.13. Award Criteria The property will be awarded to the Respondent who submits the highest qualified bid. Final approval and acceptance rests with the San Angelo City Council.Z͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ ϳ
  • 36. Intentionally Left BlankZ͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ ϴ
  • 37. ,7 2) 6$1 $1*(/2 385+$6,1* (3$570(17 P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42125. PICTURESFront ViewBack ViewZ͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ ϵ
  • 38. Intentionally Left BlankZ͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ ϭϬ
  • 39. ,7 2) 6$1 $1*(/2 385+$6,1* (3$570(17 P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42126. SAMPLE BILL OF SALE 127,(7KLV LV WKH LW·V VWDQGDUG IRUP RI ELOO RI VDOH IRU SURMHFWV RI WKLV WSH $IWHU ELGV DUH RSHQHG DQG WKHCity of San Angelo KDV GHWHUPLQHG LWV UHFRPPHQGDWLRQ D ILQDO ELOO RI VDOH IRU RXU VLJQDWXUH ZLOOEH SUHSDUHG 7KH DSSURSULDWH VHFWLRQV ZLOO EH FRPSOHWHG DQG WKH ELG SULFH UHFRPPHQGHG WR City ofSan Angelo 7KLV ELOO RI VDOH PXVW EH ILQDOL]HG E WKH City of San Angelo DQG VLJQHG E WKH%XHU SULRU WR WKH DZDUG RI WKH ELG E WKH City of San Angelo BILL OF SALEDate:Seller: City of San Angelo, Texas, a Texas home rule municipal corporation P.O. Box 1751 San Angelo, Tom Green County, Texas 76902Buyer:Description of Property Sold (hereinafter the “Property”): A used 24’ x 64’ Modular Manufactured Building, manufactured by RMD Manufacturing, LTD., 2008, Model No. 1254, Serial No. 4543-A 4543-B. Modular Building is further identified and described in the documents, conditions, and addenda comprising the Request for Bids, City of San Angelo Purchasing/Property Management, 24’ x 64’ Modular Manufactured Building No. PRO-01-12 (RFB No. PRO- 01-12).Consideration: By the execution hereof, Seller acknowledges receipt of$ , as full consideration for the Property.NOW THEREFORE for the good and valuable consideration set forth herein, the receipt and sufficiencyof which is acknowledged, Seller hereby sells, and transfers to the Buyer the Property above described;and, Seller covenants with Buyer that Seller is the lawful owner of the Property, that it is free from allencumbrances, that Seller has good right to sell the Property, and that Seller will warrant and defend thesame against the lawful claims and demands of all persons lawfully claiming or to claim the same whenthe claim is by, through, or under Seller, but not otherwise.The property is sold, transferred and conveyed by Seller to Buyer “AS IS” AND “WHERE IS”, withoutwarranty, expressed or implied. Buyer has been advised to carefully inspect the Property personally or toobtain inspection from such qualified persons as Buyer deems necessary.AS A MATERIAL PART OF THE CONSIDERATION THE DESCRIBED PROPERTY IS SOLDAND TRANSFERRED AS-IS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, ASZ͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ ϭϭ
  • 40. TO THE CONDITION OR SUITABILITY FOR USE OF THE PROPERTY. BY ACCEPTINGTHIS BILL OF SALE, BUYER REPRESENT THAT: BUYER IS NOT RELYING ON ANYREPRESENTATION OF SELLER; THAT BUYER HAS HAD ADEQUATE OPPORTUNITY TOINSPECT THE PROPERTY OR TO HAVE THE PROPERTY INSPECTED; THAT BUYER ISRELYING UPON BUYER’S INSPPECTION OF THE PROPERTY; AND THAT BUYERACCEPTS THE PROPERTY AS-IS AND “WHERE IS”.ATTEST: CITY OF SAN ANGELO, Seller: BY:Alicia Ramirez Harold Dominguez City ManagerSTATE OF TEXAS §COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____ day of ________________,2012, by Harold Dominguez, City Manager of the CITY OF SAN ANGELO, a Texas home rulemunicipal corporation, on behalf of said corporation pursuant to resolution of its governing body. Notary Public, State of TexasACCEPTANCE OF BUYERBuyer hereby accepts the described Property “AS IS” and “WHERE IS”, and takes possessionthereof on the terms and conditions herein stated. _________________________, BuyerSTATE OF TEXAS §COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____ day of ________________,2012, by ______________________________. Notary Public, State of TexasZ͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ ϭϮ
  • 41. 7. BID FORMSZ͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ ϭϯ
  • 42. Intentionally Left BlankZ͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ ϭϰ
  • 43. ,7 2) 6$1 $1*(/2 385+$6,1* (3$570(17 P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4212Disclosure of Certain Relationships NOTICE TO VENDORS Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor orperson considering doing business with a local governmental entity make certain disclosures concerning anyaffiliation or business relationship that might cause a conflict of interest with the local governmental entity. Theprovisions of Chapter 176 and the Form CIQ questionnaire that you must complete, if applicable, to comply with thisnew law, are available and explained in more detail at the Texas Ethics Commission website athttp://www.window.state.tx.us/procurement/prog/hub/ A current list of City of San Angelo and City of San Angelo Development Corporation officers is available inthe office of the City of San Angelo City Clerk, Room 201 of City Hall or on the City’s website athttp://sanangelotexas.org. If you are considering doing business with the City of San Angelo or the City of SanAngelo Development Corporation and have an affiliation or business relationship that requires you to submit acompleted Form CIQ, it must be filed with the records administrator (City Clerk) of the City of San Angelo not later ththan the 7 business day after the date you become aware of facts that require the form to be filed. See Section176.006, Texas Local Government Code. It is a Class C misdemeanor to violate this provision. By Submitting a response to a City of San Angelo or City of San Angelo Development Corporation Requestfor Proposals, Request for Bids, or Request for Qualifications or by conducting business with either of those twoentities, you are representing that you are in compliance with the requirements of Chapter 176 of the Texas LocalGovernment Code. 5RJHU 6 %DQNV Division Manager, PurchasingZ͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ ϭϱ
  • 44. Intentionally Left BlankZ͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ ϭϲ
  • 45. CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQFor vendor or other person doing business with local governmental entityThis questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session OFFICE USE ONLYThis questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a persondoing business with the governmental entity. Date ReceivedBy law, this questionnaire must be filed with the records administrator of the local government entity not laterthan the 7th business day after the date the person becomes aware of facts that require the statement to befiled. See Section 176.006, Local Government Code.A person commits an offense if the person knowing violates Section 176.006, Local Government Code. Anoffense under this section is a Class C misdemeanor.1. Name of person doing business with local governmental entity.2. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)3. Name of local government officer with whom filer has affiliation or business relationship. _______________________________________________ Name of Officer This section, (item 3 including subparts A, B, C D, must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a),. Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of ten (10) percent or more? Yes No D. Describe each employment of business relationship with the local government officer named in this section.4.___________________________________________________ __________________Signature of person doing business with the governmental entity Date Z͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ ϭϳ
  • 46. Intentionally Left BlankZ͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ ϭϴ
  • 47. ,7 2) 6$1 $1*(/2 385+$6,1* (3$570(17 P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4212Local Preference ConsiderationSection 271.9051 of the Texas Local Government Code “CONSIDERATION OF LOCATION OF BIDDERSPRINCIPAL PLACE OF BUSINESS”:In accordance with Section 271.9051 of the Texas Local Government Code, if a local government receives one ormore competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid iswithin five (5%) percent of the lowest bid price received from a bidder who is not a resident of the municipality, themunicipality may enter into a contract with (a) the lowest bidder or (b) the bidder whose principal place of business isin the municipality if the governing body of the local government determines, in writing, that the local bidder offers thelocal government the best combination of contract price and additional economic development opportunities for thelocal government created by the contract award, including the employment of residents of the local government andincreased tax revenues to the local government.Local Preference Consideration DOES NOT apply to Construction Projects, Telecommunication and InformationTechnology Bids or any purchases $100,000.00 or greater.If you DO NOT have your principal place of business located within the City of San Angelo city limits – STOP– do not fill out this form.This “Application For Local Preference Consideration” does not mean that the City of San Angelo is limitingresponses to this request for bids/proposals to only those businesses located within the city limits. Allbids/proposals are welcome.Bidders who wish to qualify under the local preferences law must have their principal place of business located withinthe San Angelo city limits.If your principal place of business is within the San Angelo city limits and you want to apply for localpreference consideration, then you must: 1. Complete the Local Preference Consideration Application, and 2. Describe in writing and attach supporting documentation, the additional economic development opportunities for the City of San Angelo that will be created if you are awarded this contract. Include the number of City of San Angelo residents that you will employ to complete this contract and the increased tax revenues that will be generated for the City of San Angelo if you are awarded this contract.Z͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ ϭϵ
  • 48. Intentionally Left BlankZ͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ ϮϬ
  • 49. ,7 2) 6$1 $1*(/2 385+$6,1* (3$570(17 P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4212Local Preference Consideration ApplicationBusiness Name:Physical Address:Mailing Address:City:Zip Code:Business Type: Ƒ Corporation – Indicate state of incorporation Ƒ Partnership – Indicate “general” or “limited” Ƒ Sole proprietorshipBasis For Preference (Check applicable box(s) if physical location of business is not within the CityLimits of the City of San Angelo. Ƒ The business is a partnership with residents of the City of San Angelo owning a majority beneficial interest in the partnership (Attach a list of partners with names and addresses). Ƒ The business is a sole proprietorship owned by a resident of the City of San Angelo (Attach name and address of owner).Attachments: Describe in writing, and attach supporting documentation, the additional economicdevelopment opportunities for the City of San Angelo that will be created if you are awarded this contract.Include the number of City of San Angelo residents that you will employ to complete this contract and theincreased tax revenues that will be generated for the City of San Angelo if you are awarded this contract.CERTIFICATION: I hereby certify under penalty of perjury that the information which I have provided onthis form is true and correct, that I am authorized to sign on behalf of the business set out above and ifrequested by the city will provide, within 10 days of notice, the necessary documents to substantiate theinformation provided.Authorized Representative Signature:Printed Name: _________________________________________________________________Title: Date:Z͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ Ϯϭ
  • 50. Intentionally Left BlankZ͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ ϮϮ
  • 51. ,7 2) 6$1 $1*(/2 385+$6,1* (3$570(17 P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4212Debarment and Suspension Certification (1) The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default.(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this proposal. Business Name ___________________________________________________________ By: ______________________________________Date Name and Title of Authorized Representative ______________________________________ Signature of Authorized RepresentativeZ͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ Ϯϯ
  • 52. Instructions for Certification1. By signing and submitting this proposal, the prospective participant is providing the certification set out below.2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the determination whether to enter into this transaction. However, failure of the prospective participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.3. The certification in this clause is a material representation of fact upon which reliance was placed when the City of San Angelo determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available, the City of San Angelo may terminate this transaction for cause.4. The prospective participant shall provide immediate written notice to the City of San Angelo to which this proposal is submitted if at any time the prospective participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549(13 CFR Part 145). You may contact the City of San Angelo for assistance in obtaining a copy of these regulations.6. The prospective participant agrees by submitting this proposal that, should the proposed transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the City of San Angelo.7. The prospective participant further agrees by submitting this proposal that it will include the clause titled Certification Regarding Debarment And Suspension provided by the City of San Angelo, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the City of San Angelo, the City of San Angelo may terminate this transaction for cause.Z͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ Ϯϰ
  • 53. ,7 2) 6$1 $1*(/2 385+$6,1* (3$570(17 P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4212 Bid Sheet RFB No: PRO-01-12 – Modular Manufactured Building A. Refer to “Instructions to Respondents” before completing Bid Sheet. B. The Respondent is responsible for calling the City to determine if any addendums have been issued and agrees that the prices(s) quoted reflect any changes or modifications created by any addendum(s). C. Complete the Local Preference form (If applicable). D. Complete the Suspension and Debarment form (REQUIRED). E. Submit (1) unbound original, (1) electronic copy of all submission form in PDF format on CD or USB Flash Drive, and (1) complete copy of your bid (REQUIRED) F. No Minimum bid ITEM APPRAISED BID AMOUNT VALUEPROPERTY DESCRIPTION: SOLD “AS IS”A used 24’ x 64’ Modular Manufactured Building, manufactured $70,000 $by RMD Manufacturing, LTD., 2008, Model No. 1264, Serial No.4543-A 4543-B.Balance of Bid Payable to the CITY OF SAN ANGELO TOTAL BID $within 14 days of Notice of Award. Property must be removedfrom 4702 SOUTHLAND within thirty (30) days after Notice ofAward. If in thirty (30) days property is not claimed, property shallrevert back to the City. BID SECURITY: $1,500.00Money Order / Certified Check - (Made Payable to City of San Angelo) INCLUDED# YES NO ¾ BID(S) THAT DO NOT INCLUDE A BID SECURITY OF $1,500.00 WILL BE CONSIDERED NON- RESPONSIVE. THE CITY OF SAN ANGELO RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS. Authorized Signature/Contact Information Firm Name: Mailing Address: City, State Zip Code: Authorized Signature: Print Name: Date: Tax ID/SS #: Payment Terms: Telephone: FAX: Email: Bids which are not signed and dated or bids which do not comply with all of bid requirements herein, may be considered non- responsive and may be rejected. Z͗ WZKͲϬϭͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐ Ϯϱ LJ͗ͰϭϮͲƌĨdžͰƉƌŽƉĞƌƚLJͰƌĨď ƉƌŽͲϬϭͲϭϮŵŽĚƵůĂƌ ŵĂŶƵĨĂĐƚƵƌĞĚ ďƵŝůĚŝŶŐ ;ĨŝƌĞ ƐƚĂƚŝŽŶ ηϮͿͰƉƌŽͲϬϭͲϭϮ ŵŽĚƵůĂƌ ŵĂŶƵĨĂĐƚƵƌĞĚ building final.docx
  • 54. City of San AngeloMemo Date: March 22, 2012 To: Mayor and Councilmembers From: Scott Farris, Assistant Fire Chief Subject: Agenda Item for 04/03/12 Council Meeting Contact: Scott Farris, Fire Department, (325) 657-4355 Caption: Consent Consideration of awarding RFB NO:PRO-02-12/Fire Station #5, 2727 Freeland Avenue. Summary: RFB NO: PRO-02-12/Fire station #5 was posted, advertised, and sent to 9 parties. Two bids were received as shown on the bid tab attached. Mr. Miguel Duran has placed a bid in the amount of $61,100.00. We ask for the authorizing city manager or his designee to execute all documents necessary to complete this award. The description and location is the old Fire Station #5, 2727 Freeland Ave. History: The new Fire Station # 5 located at 3351 Barry Ave. has opened and the old Fire Station #5 at 2727 Freeland Ave. is being sold. Financial Impact: $61,100.00 – These funds will be used for additional improvements within the Fire Department. Related Vision Item n/a (if applicable): Other Information/ Staff recommends awarding the bid to the successful bidder Recommendation: Attachments: PUR PRO-02-12 Fire Station 5.pdf PUR PRO-02-12 - FIRE STATION 5 - Bid Tab.pdf Presentation: n/a Publication: n/a Reviewed by Brian Dunn 03/19/2012 Director: Approved by Legal: Adopted: 5/30/03 Revised: 6/21/10
  • 55. /dz K ^ E EK / d h d/KE Ύ Z EK͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ Ύ ĞďƌƵĂƌLJ ϵ͕ ϮϬϭϮ Item Description: FIRE STATION #5 Legal Description: Lot 7 8, Block 26, Mountain View Addition Also known as 2727 Freeland Avenue Appraisal - $108,000 $3,000 BID SECURITY No. BIDDER NO MINIMUM BID INCLUDED? 1 Julie Raymond $ 35,000.00 YES 2 Miguel Duran $ 61,100.00 YES 3 YES 4 YES 5 YES 6 YES 7 YES 8 YES 9 YES 10 YES 11 YES 12 YES Bids Mailed To: Mr. Mr Dennis Arhelger San Angelo TX San Angelo Realtors Association San Angelo TX Kenneth Barros San Angelo TX Doug Johnson San Angelo TX Chris Cain San Angelo TX Bill Butts Houston TX Daniel Cardenas Fort Worth TX Lee Robles San Angelo TX Miguel Duran San Angelo TXz͗ͰϭϮͲZyͰWƌŽƉĞƌƚLJͰZ WZKͲϬϮͲϭϮ ŝƌĞ ^ƚĂƚŝŽŶ ηϱͰŝĚ dĂď
  • 56. LW RI 6DQ $QJHOR 5HTXHVW IRU %LGV RFB No. PRO-02-12PURCHASING/PROPERTY MANAGEMENT FIRE STATION #5 2727 FREELAND AVENUE ZONED - RS1 LW RI 6DQ $QJHOR 6RXWK KDGERXUQH 6DQ $QJHOR 7H[DV SUBMITTAL DEADLINE February 9, 2012 2:00 P.M. CST
  • 57. TABLE OF CONTENTS This Table of Contents is intended as an aid and not as a comprehensive listing of the proposal package. Respondents are responsible for reading the entire proposal package and complying with all specifications.Section Page1. INTRODUCTION ..................................................................................................................................................1 1.1. GENERAL ....................................................................................................................................................1 1.2. DISQUALIFICATION .....................................................................................................................................1 1.3. DIGITAL FORMAT ........................................................................................................................................1 1.4. REQUIRED RESPONSE ...............................................................................................................................1 1.5. NO BID INSTRUCTIONS ...............................................................................................................................1 1.6. ADDENDA ...................................................................................................................................................1 1.7. INTERPRETATIONS ......................................................................................................................................1 1.8. CONFIDENTIALITY .......................................................................................................................................1 1.9. AWARD OF CONTRACT...............................................................................................................................1 1.10. ACCEPTANCE OF PROPOSAL CONTENT ....................................................................................................2 1.11. COPIES OF BID TABULATION RESULTS ....................................................................................................22. DEADLINE AND DELIVERY LOCATION ............................................................................................................3 2.1. DEADLINE ...................................................................................................................................................3 2.2. COPIES .......................................................................................................................................................3 2.3. SEALED ENVELOPE FORMATTING .............................................................................................................3 2.4. DELIVERY ENVELOPE FORMATTING ..........................................................................................................3 2.5 DELIVERY ADDRESSES: .............................................................................................................................3 2.6 POINTS OF CONTACT .................................................................................................................................33. INSTRUCTIONS TO BIDDERS............................................................................................................................5 3.1. PRE-BID WALK-THRU ................................................................................................................................5 3.2. PROPOSAL/BID INTERPRETATION .............................................................................................................5 3.3. SPECIFICATIONS .........................................................................................................................................5 3.4. SALE “AS IS” .............................................................................................................................................5 3.5. ACCESS TO PROPERTY ..............................................................................................................................5 3.6. BID SECURITY ............................................................................................................................................5 3.7. DEFAULT IN PURCHASE .............................................................................................................................5 3.8. COMMISSIONS ............................................................................................................................................5 3.9. EXECUTION OF SALES CONTRACT ............................................................................................................5 3.10. CORRECTIONS, ADDITIONS, OR DELETIONS .............................................................................................5 3.11. AUTHORIZED SIGNATURE ..........................................................................................................................5 3.12. MODIFICATION OR WITHDRAWAL OF BIDS ...............................................................................................5 3.13. CONTINGENCY ............................................................................................................................................6 3.14. DELIVERY DATE .........................................................................................................................................6 3.15. RESERVATIONS ..........................................................................................................................................6 3.16. SUBMISSION OF BIDS ................................................................................................................................6 3.17. CLOSING TIME DATE ..............................................................................................................................6 3.18. LATE BIDS ..................................................................................................................................................6 3.19. ACCEPTANCE .............................................................................................................................................64. TERMS AND CONDITIONS .................................................................................................................................7 4.1. TITLE...........................................................................................................................................................7 4.2. TITLE POLICY .............................................................................................................................................7 4.3. UTILITIES ....................................................................................................................................................7 4.4. INVOICES PAYMENTS ..............................................................................................................................7 4.5. GRATUITIES ................................................................................................................................................7 i
  • 58. 4.6. WARRANTY-PRICE .....................................................................................................................................7 4.7. NO WARRANTY BY CITY AGAINST INFRINGEMENTS .................................................................................7 4.8. RIGHT OF INSPECTION................................................................................................................................7 4.9. CANCELLATION ..........................................................................................................................................7 4.10. ASSIGNMENT-DELEGATION .......................................................................................................................7 4.12. MODIFICATIONS ..........................................................................................................................................7 4.13. APPLICABLE LAW ......................................................................................................................................75. MAP .....................................................................................................................................................................96. SAMPLE SALES CONTRACT........................................................................................................................... 117. BID FORMS ....................................................................................................................................................... 178. BID SHEET .................................................................................................................................................. 29 ii
  • 59. ,7 2) 6$1 $1*(/2 385+$6,1* (3$570(17 P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42121. INTRODUCTION 1.1. General The City of San Angelo Purchasing/Property Management is requesting bids for the sale of Lots 7 8, Block 26, Mountain View Addition, San Angelo, Tom Green County, Texas; also known as Old Fire Station #5, located at 2727 Freeland Avenue. This property is a LOW RISE MULTI-FAMILY RESIDENCE (RM-1) ZONING DISTRICT. 1.2. Disqualification The Respondent may be disqualified for any of the following reasons: • The Respondent is involved in any litigation against the City of San Angelo; • The Respondent is in arrears on any existing contract or has defaulted on a previous contract with the City; • The Respondent is debarred, suspended, or otherwise excluded from or ineligible for participation in State or Federal assistance programs. 1.3. Digital Format If Respondents obtained the bid specifications in digital format in order to prepare a proposal, the bid must be submitted in hard copy according to the instructions contained in this bid package. If, in its bid response, Respondents makes any changes whatsoever to the published bid specifications, the bid specification as published shall control. Furthermore, if an alteration of any kind to the bid specification is discovered after the contract is executed and is or is not being performed; the contract is subject to immediate cancellation without recourse. 1.4. Required Response The City requires a response to any RFB’s mailed to potential Respondents. Should a company receive an RFB, but choose not to bid on the project, then in order to remain on the City of San Angelo’s Potential Respondents List you must submit a “No Bid”. 1.5. No Bid Instructions To submit a No Bid, complete the Bid Sheet by entering “No Bid” on Line Item 1, complete the Contact Information section, and mail the Bid Sheet pages before the deadline. Firms that do not respond will be removed from the Respondents list. 1.6. Addenda Should specifications be revised prior to the deadline for submittals, the City’s Purchasing Department will issue an addendum addressing the nature of the change. Respondents must sign it and include it in the returned proposal package. Addenda will be posted on the City’s website and mailed to the Respondent’s list. Firm is responsible for contacting the City or checking the City’s website to determine if any addendums have been issued. 1.7. Interpretations All questions about the meaning or intent of the Contract Documents, including specifications shall be submitted to the City in writing. Replies will be issued by Addenda mailed, faxed, emailed, or delivered to all parties recorded by Owner as having received the bid documents. Questions received less than ten (10) days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral interpretations or clarifications will be without legal effect. 1.8. Confidentiality All bids submitted shall remain confidential. After award, proposals will be made available for public inspection. The City shall not be responsible for the confidentiality of any trade secrets or other information contained or disclosed in the proposal unless clearly identified as such. 1.9. Award of Contract The City reserves the right to accept or reject any or all bids, and to waive any informalities or irregularities in the RFB process. The City is an equal opportunity employer.Z͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ ϭ
  • 60. 1.10. Acceptance of Proposal Content Before submitting a proposal, each Respondent shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the performance of the contract and to verify any representations made by the City upon which the proposal will rely. If the Respondent receives an award, failure to have made such investigation and examinations will in no way relieve the Respondent from his obligation to comply in every detail with all provisions and requirements. 1.11. Copies Of Bid Tabulation Results For a copy of the Bid Tabulation results, send a self-addressed stamped envelope to: Purchasing Department, City of San Angelo, P.O. Box 1751, San Angelo, Texas 76902-1751Z͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ Ϯ
  • 61. ,7 2) 6$1 $1*(/2 385+$6,1* (3$570(17 P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42122. Deadline And Delivery Location 2.1. Deadline Sealed Request for Bids (RFB) submittals must be received and time stamped, February 9, 2012/2:00P.M. Local Time. The clock located in Purchasing will be the official time. 2.2. Copies Submit (1) unbound original, (1) one electronic copy of all submission form in PDF format on CD or USB Flash Drive, and (1) complete copy of your bid. (Staples and binder clips are acceptable). 2.3. Sealed Envelope Formatting Mark Sealed Bid Envelope: “RFB NO. PRO-02-12/Fire Station #5” 2.4. Delivery Envelope Formatting Mark delivery envelope “Sealed Bid Enclosed” 2.5 Delivery Addresses: USPS: City of San Angelo Purchasing Department RFB: PRO-02-12/Fire Station #5 P.O. Box 1751 San Angelo, Texas 76902-1751 DELIVERY SERVICES: City of San Angelo Purchasing Department RFB: PRO-02-12/Fire Station #5 106 S. Chadbourne St., RM 204 San Angelo, Texas 76903 Faxed or electronically transmitted bids will not be accepted 2.6 Points Of Contact DIANA FARRIS BRIAN DUNN PROPERTY MANAGER Fire Chief Purchasing Department Fire Department City of San Angelo City of San Angelo P.O. Box 1751 P.O. Box 1751 San Angelo Texas, 76902-1751 San Angelo Texas, 76902-1751 Email: diana.farris@sanangelotexas.us Email: brian.dunn@sanangelotexas.us Telephone: (325) 657-4212 Telephone: (325) 657-4355 It is the sole responsibility of the Respondent to ensure that the sealed RFB submittal arrives at the above location by the specified deadline regardless of method chosen by the firm for delivery.Z͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ ϯ
  • 62. Intentionally Left BlankZ͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ ϰ
  • 63. ,7 2) 6$1 $1*(/2 385+$6,1* (3$570(17 P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42123. Instructions To Bidders 3.1. Pre-Bid Walk-Thru A Pre-Bid Walk-Thru will be held at 2727 Freeland Avenue on Thursday, February 2, 2012 from 3:00 PM to 4:30 PM. Representatives of the City will be available to discuss Bid procedures. 3.2. Proposal/Bid Interpretation Any explanation desired by a Respondent regarding the meaning or interpretation of the invitation, drawings, specifications, etc. must be requested in writing seven (7) days prior to the deadline to the Purchasing Department, City of San Angelo, P.O. Box 1751, San Angelo, TX 76902-1751 to allow sufficient time for evaluation and reply to all prospective Respondents before the submission of their bids. The bid invitation number must appear on all correspondence, inquiries, etc. pertaining to the invitation. Oral explanations or instructions given before the award of the contract are not binding and do not form a part of or alter in any way, the written agreement. 3.3. Specifications Respondents are expected to examine all specifications herein and are responsible for the inspection of the property and should satisfy themselves of exact location of the property. It is the Respondent’s responsibility for inspections, zoning, environmental assessments, engineering studies, mechanical inspections, pest control, etc.. Such inspections will be at the expense of the Respondent. The Respondent will be responsible for being familiar with the property location and zoning. FAILURE to do so will be at the Bidder’s risk. 3.4. Sale “As is” Property will be sold “as is”, subject to ALL easements, blanket easements, rights-of-ways, covenants, conditions, zoning, restrictions, water rights, and all other restrictions or conditions, including physical conditions, whether recorded or not. 3.5. Access to Property The Respondent will be responsible for access to the Property to include construction of roadways. 3.6. Bid Security All bids shall include a bid security in the amount of $3,000.00, which will be applied toward the purchase price. Only Money Orders and Certified Checks are accepted; and are to be made out to the City of San Angelo. The Bid securities will be returned to all unsuccessful Respondents within ten (10) business days of the City Council award of bid. 3.7. Default in Purchase If Respondent is awarded the bid and fails to purchase the property, Bidder agrees to forfeit the security amount in addition to any amount required by the Sales Contract to the City of San Angelo. 3.8. Commissions Should a Respondent solicit representation from a Real Estate Licensee (Agent), the Respondent will be responsible for payment of commissions. 3.9. Execution of Sales Contract Within ten (10) business days of awarding the bid, Bidder will execute a Sales Contract in substantially form which attached hereto. 3.10. Corrections, Additions, Or Deletions Corrections, additions, or deletions to any portion of the invitation will be in the form of a written amendment or addendum. 3.11. Authorized Signature Bids must show Respondent’s name, address, and be manually signed. The person signing the bid must have authority to execute contract. Any erasures or other changes must be initialed by the person signing the offer. If Respondent is married, the spouse must also sign the bid, unless the property will be purchased with separate property funds. 3.12. Modification Or Withdrawal Of Bids Bid pricing CANNOT be altered or amended after the closing time. Bids may be modified or withdrawn prior to the closing hour and date by written notice to the Purchasing Department. A bid may also be withdrawn in person by a Respondent or his authorized agent, provided his identity is made known and he signs a receipt forZ͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ ϱ
  • 64. the bid. No bid may be withdrawn after the closing time and date without acceptable reason in writing and with approval of the Purchasing Department. 3.13. Contingency No Contingency Contracts will be accepted. 3.14. Delivery Date Delivery of property shall occur as recognized in the Sales Contract and subject to approval by City Council. 3.15. Reservations The City expressly reserves the right to accept, reject, or cancel all bids AND: Waive any defect, irregularity, or informality in any bid or bidding procedure. Extend the bid closing time and date. Reissue a bid invitation or proposal. Consider and accept an alternate bid as provided herein when most advantageous to the City. Extend any contract when most advantageous to the City. 3.16. Submission Of Bids Sealed bids are to be returned by the closing time and date stated in the Deadlines and Delivery Options Section, page 3. Faxed bids will not be accepted. 3.17. Closing Time Date All bids must be returned in sufficient time to be received in the Purchasing Department on or before the advertised closing date and time 3.18. Late Bids Bids received after the advertised closing time and date regardless of the mode of delivery, will be refused and returned unopened. 3.19. Acceptance Acceptance of Respondent’s offer will be notified by telephone and/or mail after final approval and acceptance of its offer by the San Angelo City Council.Z͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ ϲ
  • 65. ,7 2) 6$1 $1*(/2 385+$6,1* (3$570(17 P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42124. Terms And Conditions 4.1. Title Title shall not pass to Buyer until the City Special Warranty Deed is fully executed and sales price is paid to the City in full. 4.2. Title Policy City will provide a Texas Owner’s Title Policy at the City’s expense. 4.3. Utilities The City makes no representation as to the availability of utilities or costs associated with utilities. It is the Buyer’s responsibility to determine availability and cost of utilities. 4.4. Invoices Payments This sale is a cash sale, closed at a local title company. The City will not carry a note on this property. 4.5. Gratuities The City may, by written notice to the Buyer, cancel this contract without liability to Respondent if it is determined by City that gratuities were offered from an agent or representative of the Buyer to any officer or employee of the City with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations in respect to the performing of such contract. In the event this contract is canceled by City, remedies to recover or withhold the amount of the cost shall be incurred by Buyer in providing such gratuities. 4.6. Warranty-Price The Buyer warrants that no person or purchasing agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Buyer for the purpose of securing business. For breach or violation of the warranty, the City shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. 4.7. No Warranty By City Against Infringements The City does not make any Warranties or Guaranties, expressed or otherwise, except as provided for in the Sales Contract. 4.8. Right of Inspection Respondent shall have the right to inspect the property before bidding on it. 4.9. Cancellation Any cancellation Sales Contract shall be in accordance with the terms herein and the Sales Contract. 4.10. Assignment-Delegation No right or interest in the Sales Contract shall be assigned nor shall any delegation of any obligation made by Buyer be valid without the written permission of the City. Any attempted assignment or delegation by Buyer shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 4.11. Waiver No claim or right arising out of a breach of Sales Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 4.12. Modifications This contract can be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents. 4.13. Applicable Law This agreement shall be governed by the all applicable laws. 4.14. Legal Venue Venue shall be in Tom Green County, Texas.Z͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ ϳ
  • 66. 4.15. Advertising Buyer shall not advertise or publish, without City’s prior consent, the fact that City has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the Federal, State, or Local government. 4.16. Conflict of Interest Buyer agrees to comply with the conflict of interest provisions of the Texas State Law and the City of San Angelo Charter and Code of Ordinances. Buyer agrees to maintain current, updated disclosure of information on file with the Purchasing Department throughout the term of the Sales Contract, as applicable. 4.17. Award Criteria The property will be awarded to the Respondent who submits the highest qualified bid. Final approval and acceptance rests with the San Angelo City Council.Z͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ ϴ
  • 67. 5. MAPZ͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ ϵ
  • 68. Intentionally Left BlankZ͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ ϭϬ
  • 69. ,7 2) 6$1 $1*(/2 385+$6,1* (3$570(17 P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42126. Sample Sales Contract REAL ESTATE CONTRACT OF SALE (FOR CASH SALE) THIS REAL ESTATE CONTRACT OF SALE (”Agreement”) is made by and between CITY OF SANANGELO, a Texas home-rule municipal corporation whose address is P.O. Box 1751, 106 S. Chadbourne, SanAngelo, Tom Green County, Texas 76902, (hereinafter “Seller”) and,_______________________________________________________________(hereinafter Purchaser), upon theterms and conditions set forth in this Agreement. ARTICLE I PURCHASE AND SALE Seller agrees to sell and convey to Purchaser, and Purchaser agrees to purchase, the real property and anyimprovements thereon, commonly known and described as________________________________________________________________________________________________________________________________________________________ (hereinafter “Property”), together with alland singular the rights and appurtenances pertaining to the property, for the consideration and upon and subject tothe terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE2.01 Amount of Purchase Price The purchase price for the Property shall be the sum of Dollars ($ - ___.00).2.02 Payment of Purchase Price The full amount of the Purchase Price shall be due and payable at the closing. ARTICLE III CONDITIONS PRECEDENT TO PURCHASERS OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject tothe satisfaction of each of the following conditions precedent (any of which may be waived in whole or in part byPurchaser at or prior to the closing).3.01 Preliminary Title Report Within thirty-five (35) days after the date hereof, Seller shall cause (Title Company) to issuea preliminary title report (the Title Report) accompanied by copies of restrictive covenants and all recordeddocuments referred to in the Preliminary Title Opinion affecting title such as easements, rights-of-way, liens andencumbrances. Purchaser shall give Seller written notice on or before the expiration of twenty-one (21) days afterPurchaser receives the Preliminary Title Report of any condition of title as set forth in the report not acceptable toPurchaser. In that event Seller may, at Seller’s option, promptly undertake to eliminate or correct all unacceptableconditions of title to the reasonable satisfaction of Purchaser. If Seller chooses not to or is unable to correct theunacceptable conditions of title within twenty-one (21) days after receipt of the written notice thereof given byPurchaser, this Agreement shall thereupon immediately become null and void for all purposes and the EscrowDeposit shall be returned by the Title Company to Purchaser. Purchaser will be deemed to have approved allconditions of title disclosed by the preliminary title report to which Purchaser has made no timely objection as hereinprovided.3.02 Survey Purchaser at Purchaser’s option and expense may commission and be responsible for the expense of asurvey of the Property. It is a condition precedent to Purchaser’s obligations under this Agreement that the surveynot reveal a circumstance or condition relating to the Property that is unforeseen by the Purchaser. If such anunforeseen circumstance or condition is revealed by the survey, Purchaser may, at Purchaser’s option, terminate thisAgreement by giving written notice of termination to the Seller at any time on or before the expiration of twenty-oneZ͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ ϭϭ
  • 70. (21) days after Purchaser receives the Preliminary Title Report as provided in paragraph 3.01 above. If Purchaserchooses not to give notice of an unforeseen circumstance or condition as provided by this paragraph, this conditionprecedent shall be deemed waived by the Purchaser.3.03 Seller’s Performance Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditionsrequired by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER Seller represents and warrants to Purchaser, as of the closing date, as follows: (1) Seller has received no notice of pending or threatened condemnation or similar proceeding affecting the Property, nor to the knowledge of Seller is there any such proceeding contemplated by any governmental authority. (2) Seller has no knowledge of any pending or threatened claim or proceeding relating to access to the Property; (3) The property is zoned for ; Seller has no knowledge of any non-conforming use or conditional use on the subject real property occurring within the preceding twelve months. (4) There are no lawsuits, claims, attachments, executions, or other proceedings pending, or to the Seller’s knowledge, threatened, against or involving the Property; (5) Seller is not a “foreign person” as that term is defined in §1445 of the Internal Revenue Code of 1986, as amended; (6) Seller has not retained the services of a real estate broker and to Seller’s knowledge no broker fee is or will be due or payable relating to the sale and conveyance of the Property as contemplated by this Agreement. (7) Seller expressly makes no representations or warranties pertaining to any buildings or residential structures that may be located on the Property. Seller’s representations and warranties made herein shall survive closing of the transaction contemplated bythis Agreement. ARTICLE V CLOSING The closing shall be held at the office of _______(Title Company) __ (referred to in this Agreement as th“Title Company”), ____________________, San Angelo, Texas, 76903 on or before the 90 day after the last partyexecutes this Agreement or at such time, date, and place as Seller and Purchaser may agree upon (which date isherein referred to as the closing date). At the closing Seller shall: (1) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed, in a form acceptable to the title company, conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (a) General real estate taxes for the year of closing and subsequent years not yet due and payable, which shall be prorated between the parties to date of closing; (b) Any exceptions and reservations approved by Purchaser pursuant to Article III hereof; and (c) Any exceptions and reservations approved by Purchaser in writing; and (2) Deliver to Purchaser actual, exclusive possession of the property.Z͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ ϭϮ
  • 71. Costs, fees and expenses of closing in consummating the sale and purchase of the Property shall be borneand paid as follows: (a) If sale is unconsummated, any fees or expenses owed to Title Company shall be paid out of the escrow deposit; (b) Appraisal fees shall be paid by Purchaser; (c) Premiums for Mortgagee’s Title Policy, if any, shall be paid by Purchaser; (d) Any escrow fee shall be paid by Purchaser; (e) Survey fees shall be paid by Purchaser; (f) Attorneys fees shall be borne by and paid by the party at whose request the legal work was performed. (g) Deed preparation and recording fees of same shall be paid by Seller; (h) Loan documents preparation and related recording fees, if any, paid by Purchaser; (i) Recording and copying costs shall be paid by Purchaser; (j) Costs for tax certificates shall be paid by Seller. ARTICLE VI BROKERS It is understood and agreed that no brokers have been involved in the negotiation and consummation of thisAgreement. ARTICLE VII ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of thisAgreement, Purchaser has delivered to the Title Company, the sum of Five Hundred Dollars ($500.00), the EscrowDeposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Agreement asprovided in Article IX hereof. At the closing, the Escrow Deposit shall be paid to Seller and applied against thepurchase price, provided, however, that in the event the Purchaser shall have given written notice to the TitleCompany that one or more of the conditions precedent to Purchaser’s obligations set forth in Article III have not beenmet, or, in the, opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then thebalance of the Escrow Deposit remaining after withholding escrow fees and costs incurred, shall be forthwithreturned by the Title Company to Purchaser. ARTICLE VIII BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail toconsummate the sale of the Property for any reason, except Purchasers default, Purchaser may pursue any remedyto which Purchaser may be entitled at law or in equity, including: (1) enforce specific performance of this Agreement;(2) request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser, after dulydeducting Title Company fees and expenses which have been incurred; and (3) bring suit for damages against Seller. ARTICLE IX BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property for reason other than defaultof the Seller and if the conditions precedent to Purchasers obligations set forth in Article III are satisfied, Seller shallhave the right to: (1) bring suit for damages against Purchaser or (2) receive the entire Escrow Deposit from the TitleCompany, the sum being agreed on as liquidated damages for Purchaser’s breach of this AgreementZ͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ ϭϯ
  • 72. ARTICLE X MISCELLANEOUS10.01 Assignment of Agreement This Agreement may not be assigned without the express written consent of Seller.10.02 Survival of Covenants Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights andbenefits of the parties, pertaining to a period of time following the closing of the transactions contemplated herebyshall survive the closing and shall not be merged therein.10.03 Notice Any notice required or permitted to be delivered hereunder shall be deemed received when hand-deliveredor sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller orPurchaser, as the case may be, at the address set forth below with the signature of the party.10.04 Texas Law to Apply This Agreement shall be construed under and in accordance with the laws of the State of Texas, and allobligations of the parties created hereunder are performable in Tom Green County, Texas.10.05 Parties Bound This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs,executors, administrators, legal representatives, successors, and assigns where permitted by this Agreement.10.06 Legal Construction In case any one or more of the provisions contained in this Agreement shall for any reason be held to beinvalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any otherprovision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had neverexisted.10.07 Prior Agreements Superseded This Agreement constitutes the only agreement of the parties and supersedes any prior understandings orwritten or oral agreements between the parties respecting the within subject matter.10.08 Time of Essence Time is of the essence in this Agreement.10.09 Gender Words of any gender used in this Agreement shall be held and construed to include any other gender, andwords in the singular number shall be held to include the plural, and vice versa, unless the context requiresotherwise.10.10 The Term “Days”/Deadline In this Agreement, the term “days” shall be construed to mean calendar days. All deadlines in thisAgreement expire at 5:00 p.m. Central Standard Time. If a deadline falls on a Saturday, Sunday, or national holiday,the deadline will be extended to the next day that is not on a Saturday, Sunday, or national holiday.Z͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ ϭϰ
  • 73. 10.11 Counterparts If this Agreement is executed in multiple counterparts, all counterparts taken together will constitute thisAgreement. Dated and entered into this day of _____________, 2011. SELLER: CITY OF SAN ANGELO P.O. Box 1751Attest: San Angelo, TX 76902-1751Alicia Ramirez, City Clerk Harold Dominguez, City Manager PURCHASER: __________________ _______Title Company acknowledges receipt of Escrow Deposit (Earnest Money) in the amount of $500.00 and a copy of thisAgreement executed by both Purchaser and Seller. TITLE COMPANY: __________________________________ By: ______________________ Printed Name: ______________________ Title: ______________________Date: _____Z͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ ϭϱ
  • 74. Intentionally Left BlankZ͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ ϭϲ
  • 75. ,7 2) 6$1 $1*(/2 385+$6,1* (3$570(17 P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42127. Bid FormsZ͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ ϭϳ
  • 76. Intentionally Left BlankZ͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ ϭϴ
  • 77. ,7 2) 6$1 $1*(/2 385+$6,1* (3$570(17 P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4212Disclosure of Certain Relationships NOTICE TO VENDORS Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor orperson considering doing business with a local governmental entity make certain disclosures concerning anyaffiliation or business relationship that might cause a conflict of interest with the local governmental entity. Theprovisions of Chapter 176 and the Form CIQ questionnaire that you must complete, if applicable, to comply with thisnew law, are available and explained in more detail at the Texas Ethics Commission website athttp://www.window.state.tx.us/procurement/prog/hub/ A current list of City of San Angelo and City of San Angelo Development Corporation officers is available inthe office of the City of San Angelo City Clerk, Room 201 of City Hall or on the City’s website athttp://sanangelotexas.org. If you are considering doing business with the City of San Angelo or the City of SanAngelo Development Corporation and have an affiliation or business relationship that requires you to submit acompleted Form CIQ, it must be filed with the records administrator (City Clerk) of the City of San Angelo not later ththan the 7 business day after the date you become aware of facts that require the form to be filed. See Section176.006, Texas Local Government Code. It is a Class C misdemeanor to violate this provision. By Submitting a response to a City of San Angelo or City of San Angelo Development Corporation Requestfor Proposals, Request for Bids, or Request for Qualifications or by conducting business with either of those twoentities, you are representing that you are in compliance with the requirements of Chapter 176 of the Texas LocalGovernment Code. 5RJHU 6 %DQNV Division Manager, PurchasingZ͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ ϭϵ
  • 78. Intentionally Left BlankZ͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ ϮϬ
  • 79. CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQFor vendor or other person doing business with local governmental entityThis questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session OFFICE USE ONLYThis questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a persondoing business with the governmental entity. Date ReceivedBy law, this questionnaire must be filed with the records administrator of the local government entity not laterthan the 7th business day after the date the person becomes aware of facts that require the statement to befiled. See Section 176.006, Local Government Code.A person commits an offense if the person knowing violates Section 176.006, Local Government Code. Anoffense under this section is a Class C misdemeanor.1. Name of person doing business with local governmental entity.2. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)3. Name of local government officer with whom filer has affiliation or business relationship. _______________________________________________ Name of Officer This section, (item 3 including subparts A, B, C D, must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a),. Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of ten (10) percent or more? Yes No D. Describe each employment of business relationship with the local government officer named in this section.4.___________________________________________________ __________________Signature of person doing business with the governmental entity Date Z͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ Ϯϭ
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  • 81. ,7 2) 6$1 $1*(/2 385+$6,1* (3$570(17 P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4212Local Preference ConsiderationSection 271.9051 of the Texas Local Government Code “CONSIDERATION OF LOCATION OF BIDDERSPRINCIPAL PLACE OF BUSINESS”:In accordance with Section 271.9051 of the Texas Local Government Code, if a local government receives one ormore competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid iswithin five (5%) percent of the lowest bid price received from a bidder who is not a resident of the municipality, themunicipality may enter into a contract with (a) the lowest bidder or (b) the bidder whose principal place of business isin the municipality if the governing body of the local government determines, in writing, that the local bidder offers thelocal government the best combination of contract price and additional economic development opportunities for thelocal government created by the contract award, including the employment of residents of the local government andincreased tax revenues to the local government.Local Preference Consideration DOES NOT apply to Construction Projects, Telecommunication and InformationTechnology Bids or any purchases $100,000.00 or greater.If you DO NOT have your principal place of business located within the City of San Angelo city limits – STOP– do not fill out this form.This “Application For Local Preference Consideration” does not mean that the City of San Angelo is limitingresponses to this request for bids/proposals to only those businesses located within the city limits. Allbids/proposals are welcome.Bidders who wish to qualify under the local preferences law must have their principal place of business located withinthe San Angelo city limits.If your principal place of business is within the San Angelo city limits and you want to apply for localpreference consideration, then you must: 1. Complete the Local Preference Consideration Application, and 2. Describe in writing and attach supporting documentation, the additional economic development opportunities for the City of San Angelo that will be created if you are awarded this contract. Include the number of City of San Angelo residents that you will employ to complete this contract and the increased tax revenues that will be generated for the City of San Angelo if you are awarded this contract.Z͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ Ϯϯ
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  • 83. ,7 2) 6$1 $1*(/2 385+$6,1* (3$570(17 P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4212Local Preference Consideration ApplicationBusiness Name:Physical Address:Mailing Address:City:Zip Code:Business Type: Ƒ Corporation – Indicate state of incorporation Ƒ Partnership – Indicate “general” or “limited” Ƒ Sole proprietorshipBasis For Preference (Check applicable box(s) if physical location of business is not within the CityLimits of the City of San Angelo. Ƒ The business is a partnership with residents of the City of San Angelo owning a majority beneficial interest in the partnership (Attach a list of partners with names and addresses). Ƒ The business is a sole proprietorship owned by a resident of the City of San Angelo (Attach name and address of owner).Attachments: Describe in writing, and attach supporting documentation, the additional economicdevelopment opportunities for the City of San Angelo that will be created if you are awarded this contract.Include the number of City of San Angelo residents that you will employ to complete this contract and theincreased tax revenues that will be generated for the City of San Angelo if you are awarded this contract.CERTIFICATION: I hereby certify under penalty of perjury that the information which I have provided onthis form is true and correct, that I am authorized to sign on behalf of the business set out above and ifrequested by the city will provide, within 10 days of notice, the necessary documents to substantiate theinformation provided.Authorized Representative Signature:Printed Name: _________________________________________________________________Title: Date:Z͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ Ϯϱ
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  • 85. ,7 2) 6$1 $1*(/2 385+$6,1* (3$570(17 P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4212Debarment and Suspension Certification (1) The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default.(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this proposal. Business Name ___________________________________________________________ By: ______________________________________Date Name and Title of Authorized Representative ______________________________________ Signature of Authorized RepresentativeZ͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ Ϯϳ
  • 86. Instructions for Certification1. By signing and submitting this proposal, the prospective participant is providing the certification set out below.2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the determination whether to enter into this transaction. However, failure of the prospective participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.3. The certification in this clause is a material representation of fact upon which reliance was placed when the City of San Angelo determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available, the City of San Angelo may terminate this transaction for cause.4. The prospective participant shall provide immediate written notice to the City of San Angelo to which this proposal is submitted if at any time the prospective participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549(13 CFR Part 145). You may contact the City of San Angelo for assistance in obtaining a copy of these regulations.6. The prospective participant agrees by submitting this proposal that, should the proposed transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the City of San Angelo.7. The prospective participant further agrees by submitting this proposal that it will include the clause titled Certification Regarding Debarment And Suspension provided by the City of San Angelo, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the City of San Angelo, the City of San Angelo may terminate this transaction for cause.Z͗ WZKͲϬϮͲϭϮͬŝƌĞ ^ƚĂƚŝŽŶ ηϱ Ϯϴ
  • 87. ,7 2) 6$1 $1*(/2 385+$6,1* (3$570(17 P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42128. BID SHEETRFB No: PRO-02-11 Fire Station #5 - 2727 Freeland AvenueA. Refer to “Instructions to Respondents” before completing Bid Sheet.B. The Respondent is responsible for calling the City to determine if any addendums have been issued and agrees that the prices(s) quoted reflect any changes or modifications created by any addendum(s).C. Complete the Local Preference form (If applicable).D. Complete the Suspension and Debarment form (REQUIRED).E. Submit (1) unbound original, (1) electronic copy of all submission form in PDF format on CD or USB Flash Drive, and (1) complete copy of your bid (REQUIRED)F. No Minimum bid ITEM APPRAISED BID AMOUNT VALUEPROPERTY DESCRIPTION: $108,000.00 $Lots 7 8, Block 26, Mountain View AdditionAlso known as 2727 Freeland Avenue TOTAL BID $ BID SECURITY: $3,000.00Money Order / Certified Check INCLUDED YES NO#¾ BIDS THAT DO NOT INCLUDE A BID SECURITY OF $3,000.00 WILL BE CONSIDERED NON-RESPONSIVE.THE CITY OF SAN ANGELO RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.Authorized Signature/Contact Information Firm Name: Mailing Address: City, State Zip Code: Authorized Signature: Print Name: Date: Tax ID/SS #: Payment Terms: Telephone: FAX: Email:Bids which are not signed and dated or bids which do not comply with all of bid requirements herein, may beconsidered non-responsive and may be rejected.Z͗ WZKͲϬϮͲϭϮͬDŽĚƵůĂƌ DĂŶƵĨĂĐƚƵƌĞĚ ƵŝůĚŝŶŐLJ͗ͰϭϮͲƌĨdžͰƉƌŽƉĞƌƚLJͰƌĨď ƉƌŽͲϬϮͲϭϮ ĨŝƌĞ ƐƚĂƚŝŽŶ ηϱͰƌĨď ƉƌŽͲϬϮͲϭϮ ĨŝƌĞ ƐƚĂƚŝŽŶ ηϱ ĨŝŶĂů͘ĚŽĐ

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