July 17, 2012 Agenda Packet

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July 17, 2012 Agenda Packet

  1. 1. NOTICE OF A PUBLIC MEETING AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, July 17, 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. 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 awarding bid ES-01-12 for Street Sealcoat Program 2012 to Brannan Paving Co., Ltd. (Victoria, TX) not to exceed an amount of $849,701.65 and authorizing the Interim City Manager to execute said contract and any related documents 2. Consideration of awarding bid AP-01-12, For the U.S. Custom and Border Protection hangar renovations at San Angelo Regional Airport to Mega Contractors, Inc.(FT. Worth, TX) in the amount of $348,754 and authorizing the Interim City Manager to execute said contract and any related documents 3. Consideration of allowing the Fire Department to apply for an AFG (Assistance to Firefighters Grant) with a twenty percent (20%) match 4. 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. 106 W 15th Street, (Jones), Lot 9, Block 11, Lasker Addition, $950, Suit No. B-06-0055-T b. Next to 424 E 32 Street, (Garcia - Galindo), Lot 19 & E 5 of Lot 18, Block 1, Probst and Page Addition, $1,500, Suit No. B-07-0046-T c. 222 W 3rd Street, (Palmer), Lot 5, Block N, Miles Addition, $2,500, Suit No. B-03-0076-TCity Council Agenda Page 1 of 5 July 17, 2012
  2. 2. d. 2215 Pecan Street, (Brewer-Munoz), 0.241 acre, N 210 x 50, James Williams Survey, $1,500, Suit No. B-05-0214-T 5. Consideration of approval to pay $52,820 to Midwest Employers Casualty Company for Excess Workers Compensation Premium for policy year ending July 1st, 2013 6. Consideration of applying for San Angelo Health Foundation (SAHF) grant funds in the amount of $100,000, authorizing the Interim City Manager to execute related documents, and approving resolution of support 7. Consideration of approving a Neighborhood Stabilization Program (NSP) contract between the City and Galilee CDC agreement identifying Galilee CDC as a developer and authorizing the City Manager to execute related documents 8. Consideration of approving a recommendation from the selection committee to award RFP CE-02- 12/Ticket Outlet to Barbed Wire & Roses and to Pinkie’s Liquor Store, and authorizing the Interim City Manager to execute a contract with the recommended vendors 9. Consideration and possible action regarding a recommendation by the COSADC Board to approve leasing approximately 100 acres of Phase 2 of the Industrial Park to Lucas Oil at a lease rate of $1.00 per year, for a period of five (5) years, requiring Lucas Oil to hold a minimum of one (1) race per year on the leased land, releasing the deed restrictions limiting the use of the land for industrial park purposes only, to allow use of the land for off road racing, authorizing the City Manager or his designated representative to negotiate and execute said lease agreement and any other matters in connection there to 10. Consideration and possible action regarding a recommendation by the COSADC to approve sponsorship of the 15th Annual Ports-to-Plains Alliance Conference to be held in Medicine Hat, Alberta Canada, the sponsorship to be at the Silver level at a cost of $2,500.00 11. Consideration of adopting a Resolution of the City Council of the City of San Angelo, Texas authorizing the Mayor to execute a Tax Resale Deed on behalf of the City for itself and as Trustee for itself, Tom Green County and the San Angelo Independent School District, conveying certain real property to the San Angelo Independent School District for school use 12. Consideration of adopting a Resolution of the City Council of the City of San Angelo, Texas authorizing the Interim City Manager or his designee to execute a letter agreement with Tetra Tech concurring with the monitoring of shallow ground water and to negotiate and execute restrictive covenants to be placed into deed records prohibiting exposure to groundwater relating to portions of three parcels of real property owned by the city located at or about North Browning and Pulliam Streets; North Baze and Upton Streets, and the alley from North Baze Street east to the Texas Pacifico Railroad right of way 13. Consideration of accepting the City of San Angelo’s FY2011 Comprehensive Annual Financial Report (CAFR) as presented through the city’s Audit Committee 14. Second Hearing and consideration of adoption of an Ordinance amending Article 8 of the City of San Angelo Code of Ordinances, and adopting Article 8.100 related to prohibiting the parking of vehicles on unimproved surfaces in certain situations and in residential districts AN ORDINANCE AMENDING CHAPTER 8 (OFFENSES AND NUISANCES) BY ADDING A NEW ARTICLE 8.1000 PROHIBITING PARKING OF VEHICLES ON UNIMPROVED SURFACES, IN CERTAIN SITUATIONS AND IN RESIDENTIAL DISTRICTS OF SAN ANGELO; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY AND PROVIDING AN EFFECTIVE DATEIII. 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 MeetingsCity Council Agenda Page 2 of 5 July 17, 2012
  3. 3. be Open, Section 551.071(1) authorizing a governmental body to consult with its attorney in executive session to seek his or her advice concerning pending or contemplated litigation or settlement offer 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 551.071(2) authorizing a governmental body to consult with its attorney in executive session to seek his or her advice 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 Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that 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. Consideration of approving a First Amended Agreement between the City of San Angelo and Two Pro Management for management and operation of the Santa Fe Golf Course and authorizing the Mayor and/or Interim City Manager to execute said agreement (Presentation by Parks and Recreation Director Carl White) 16. Consideration of adopting the Fairmount Cemetery Master Plan and any action related thereto. (Presentation by Parks and Recreation Director Carl White) 17. Consideration of approving a naming rights agreement between the City of San Angelo, Citywise Marketing and the Kevin and Kara Love Family, authorizing naming rights for the San Angelo Municipal Pool and authorizing the Interim City Manager to execute said naming rights agreement (Presentation by Parks and Recreation Director Carl White) 18. Discussion and recommendation regarding proposed amendment to Thoroughfare Plan component of San Angelo Comprehensive Plan adopted in 2009, specifically to revise the alignment of a proposed collector street segment extending eastward from the existing right-of-way for Smith Blvd, eliminating the segment between McGill Blvd and PaulAnn Blvd, northwest of the US Hwy 67 N in far northeast San Angelo (Presentation by Planning Director AJ Fawver) 19. Consideration and possible action regarding a recommendation by the COSADC Board of Directors to fund construction of the south half of Paulann Blvd. from its intersection with Highway 67 to its intersection with the proposed extension of Smith Blvd, approximately 1240 linear feet, at a width of 32 feet; to fund one half of Smith Blvd. from its intersection with Paulann Blvd to the north property line of Howard College, approximately 685 linear feet, at a width of 25 feet; the total estimated cost of both streets being approximately $350,000, and recommending the proposed bid documents specify 2 course penetration sealcoat construction for both streets and including a bid alternate for roller compacted concrete construction for both streets (Presentation by Director of Community & Economic Development Shawn Lewis & City Engineer Clinton Bailey) 20. Consideration of allowing placement of a free standing sign for commercial use to within public right- of-way at 501 South Irving Street, as addressed in Chapter 12 Section 12.617.1.E of the City of San Angelo’s Code of Ordinances (Presentation by Planning Director AJ Fawver)City Council Agenda Page 3 of 5 July 17, 2012
  4. 4. 21. 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 Z 12-06: Willie Boulden 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: 1011 Martin Luther King Drive, located at the intersection of Martin Luther King Drive and West 11th Street, more specifically occupying the Miles Addition, Block 66 S/2 of E 150 feet of Block 66; Block 65, Lots 18 and 19, in central San Angelo, changing the zoning classification from a combination of General Commercial/ Heavy Commercial (CG/CH) and Two-Family Residential (RS-2) to Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Director AJ Fawver) 22. First Public Hearing and consideration of introduction of an Ordinance changing the name of Barry Avenue, extending from Glenna Street to Howe Street, to TLC Way. AN ORDINANCE TO CHANGE THE NAME OF A CERTAIN STREET SEGMENT TO WIT: Barry Avenue to TLC Way, over the complete length of this streets right-of-way between Glenna Street and Howe Street, in central San Angelo; AND PROVIDING AN EFFECTIVE DATE (Presentation by Planning Director AJ Fawver) 23. Consideration of an appeal of Planning Commissions decision to deny case number Z12-07, requesting approval of zone change from Single-Family Residential (RS-1) to Heavy Commercial (CH), specifically at 2727 Freeland Avenue, on the southeast corner of the intersection of Garfield Street and Freeland Avenue, more specifically occupying the mountain view addition, block 26, lots 7 & 8 in west central San Angelo (Presentation by Planning Director AJ Fawver) 24. First public hearing and introduction of an Ordinance amending Chapter 10, Article 10.200 of the Code of Ordinances, City of San Angelo, Texas authorizing a speed limit change from 30 mph to 35 mph on Foster Road beginning at the intersection of Foster Road and Sunset Boulevard extending south 8,285 feet through the cul-de-sac at the southernmost end of Foster Road (Presentation City Engineer Clinton Bailey) 25. Consideration of approval and second public hearing of the 2012 Annual Action Plan for use of CDBG and HOME funds and authorizing City Manager to execute the annual applications, required certifications, and related documents (Presentation by Neighborhood and Family Services Director Robert Salas) 26. Consideration of a report on the Texas Bank Sports Complex and any matters related thereto (Presentation by Parks and Recreation Director Carl White) 27. Consideration and first public hearing an introduction of Ordinance amending Chapter 2 “Administration,” of the Code of Ordinances of the City of San Angelo, by repealing Article 2.2900 entitled “Senior Services Advisory Board” in its entirety; repealing Article 2.2600 entitled “Recreation Board” in its entirety and enacting a new Article 2.2600 entitled “Parks & Recreation Advisory Board,” providing for the creation of the board AN ORDINANCE AMENDING CHAPTER 2 “ADMINISTRATION,” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, BY REPEALING ARTICLE 2.2900 ENTITLED “SENIOR SERVICES ADVISORY BOARD” IN ITS ENTIRETY; REPEALING ARTICLE 2.2600 ENTITLED “RECREATION BOARD” IN ITS ENTIRETY AND ENACTING A NEW ARTICLE 2.2600 ENTITLED “PARKS & RECREATION ADVISORY BOARD,” PROVIDING FOR THE CREATION OF THE BOARD, PROVIDING FOR THE QUALIFICATIONS, TERMS, DUTIES, OFFICERS AND QUORUM, PROVIDING FOR BYLAWS, PROVIDING FOR MEETINGS ANDCity Council Agenda Page 4 of 5 July 17, 2012
  5. 5. MINUTES, PROVIDING FOR ABSENT MEMBERS; PROVIDING FOR SEVERABILITY; REPEALING ARTICLE 2.1400 “PARK SUPERINTENDENT;” AMENDING ARTICLE 2.4200 “SAN ANGELO PUBLIC ART COMMISSION,” SECTION 2.4201 “CREATED, MEMBERS,” SUBSECTION (c) PROVIDIING FOR AN EX-OFFICIO NON-VOTING COMMISSION MEMBER REPRESENTING THE PARKS & RECREATION DEPARTMENT OR PARKS & RECREATION ADVISORY BOARD; AMENDING CHAPTER 8 “OFFENSES AND NUISANCES,” ARTICLE 8.100 “GENERAL OFFENSES” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING SECTION 8.113 TO REMOVE THE REFERENCE TO THE PARK COMMISSION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Presentation by Parks and Recreation Director Carl White) 28. First public hearing and introduction of an Ordinance amending the 2011-2012 Budget for grants, new projects and incomplete projects (Presentation by Budget Manager Morgan Trainer) 29. Discussion and consideration of matters related to the FY 2012-2013 Budget (Presentation by Budget Manager Morgan Trainer) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 30. Consideration of matters discussed in Executive/Session, if needed 31. Announcements and consideration of Future Agenda Items 32. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Friday, July 13, 2012, at 4:00 P.M. /s/________________________ Bryan Kendrick, Deputy City ClerkCity Council Agenda Page 5 of 5 July 17, 2012
  6. 6. City of San AngeloMemo Date: July 13, 2012 To: Mayor and Councilmembers From: Clinton Bailey, Engineering Services Subject: Agenda Item for June 19, 2012 Council Meeting Contact: Blake Wilde, Engineering Services, Phone # 481-2749 Caption: Consent Item Consideration of awarding bid and authorizing the Interim City Manager or his designee to execute any necessary related documents for ES-01-12 Street Sealcoat Program 2012, Brannan Paving Co., LTD, Victoria, TX, $772,408.25. Summary: The following bids were opened on May 15, 2012: 1. Brannan Paving Co Base Bid $770,542.59 Alternate #1 $87,293.40 Alternate #2 $23,038.00 Alternate #3 $11,865.66 Total Bid $892,739.63 2. Blacktopper Technology, Inc. Base Bid $808,151.10 Alternate #1 $80,220.50 Alternate #2 $14,306.45 Alternate #3 $2,842.45 Total Bid $905,520.50 3. Ronald R. Wagner & Co. L.L.C. Base Bid $837,392.51 Alternate #1 $85,912.35 Alternate #2 $22,008.86 Alternate #3 $4,739.30 Total Bid $950,053.00 History: This contract is the City’s yearly sealcoat program. Financial Impact: $663,592.00 from the City of San Angelo General Funds, and $1,865.66 from the Storm Water Utility to fund Alternate #3 related to drainage improvements on Lowrie Avenue south of Producers Park for a total amount of $665,457.66. Related Vision Item: Transportation Vision Other Information/ Staff recommends the bid from Brannan Paving Co., LTD, in the amount of Recommendation: $772,408.25 be accepted and authorizing the Interim City Manager or his designee to execute any necessary related documents to the contract with the condition that the project cost will be reduced to be within budget of $665,457.66.
  7. 7. Attachments: ENG ES-01-12 Sealcoat Bid Tab & Summary ENG ES-01-12 Sealcoat Award SummaryPresentation: NonePublication: NoneReviewed by Shawn Lewis, Development Services Director, June 8, 2012Director:Approved by Legal: Lysia H. Bowling, City Attorney, June 8, 2012
  8. 8. CITY OF SAN ANGELO BID TABULATION * RFB NO: ES-01-12 /Sealcoat Program 2012 May 15, 2012 Description Quantity Brannon Paving Co., Inc. Ronald R. Wagner & Co, LP Blacktopper Technologies, Inc. No. Unit Unit Unit Cost Total Price Unit Cost Total Price Unit Cost Total Price 1 Asphalt Tier 2 (A-R Type II, A-R Type III, AC-20- 112,876 GAL 3.00 338,628.00 3.93 443,602.68 3.450 389,422.20 5TR, AC-20XP, AC-15P, or AC-10-2TR) 2 Grade 4 Type PB Aggregate 3,538 CY 93.26 329,953.88 56.70 200,604.60 72.000 254,736.00 3 Temporary Work Zone Pavement Marker (Yellow Tab, Type Y-2) 10,043 EA 0.65 6,527.95 1.26 12,654.18 0.750 7,532.25 4 Temporary Work Zone Pavement Marker (White Tab, Type W) 5,508 EA 0.65 3,580.20 1.26 6,940.08 0.750 4,131.00 5 Raised Pavement Marker Type II-A-A 2,378 EA 3.25 7,728.50 2.65 6,301.70 3.100 7,371.80 6 Raised Pavement Marker Type I-C, complete in 1,100 EA 3.25 3,575.00 3.44 3,784.00 3.100 3,410.00 7 Pavement Marking Type II (4” lBrokend l i d ith th White) 18,360 LF 0.21 3,763.80 0.15 2,754.00 0.160 2,937.60 8 Pavement Marking Type II (8” Solid White), 3,634 LF 0.49 1,780.66 0.44 1,598.96 0.320 1,162.88 9 Pavementi Marking Type IId l t l i ith th l (12” Solid White), 368 LF 1.80 662.40 2.00 736.00 1.350 496.80 10 Pavementi Marking Type IId l t l i ith th l (24” Solid White) 1,693 LF 2.67 4,520.31 3.00 5,079.00 2.500 4,232.50 11 Pavement Marking Type II (4” Broken Yellow), 19,840 LF 0.21 4,067.20 0.14 2,777.60 0.160 3,174.40 12 Pavementi Marking Type IId Solid Yellow) l t l i (4” ith th l 81,828 LF 0.13 10,637.64 0.13 10,637.64 0.140 11,455.92 13 Pavement Marking Type II (12” Solid Yellow), 65 LF 1.80 117.00 2.00 130.00 1.350 87.75 l t i l i d ith th l 14 Street Sweeping One Week After Sealcoating Lump Sum 10,000.00 10,000.00 0.01 0.01 3,500.000 3,500.00 15 Street Sweeping One Month After Sealcoating Lump Sum 10,000.00 10,000.00 0.01 0.01 3,500.000 3,500.00 16 Barricades and traffic control furnished and 4.5 MO 0.01 0.05 0.01 0.045 6,000.000 27,000.00 17 Mobilization Lump Sum 10,000.00 10,000.00 114,792.00 114,792.00 59,000.000 59,000.00 18 Contingency Lump Sum 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 $25,000.00 Base Bid Total 770,542.59 837,392.51 808,151.10 Alternative #1 - Soccer Complex Parking Lot - Glenna Street (2 Course Sealcoat) Description Quantity Brannon Paving Co., Inc. Ronald R. Wagner & Co, LP Blacktopper Technologies, Inc. No. Unit Unit Unit Cost Total Price Unit Cost Total Price Unit Cost Total Price A1.1 Asphalt Tier 2 (A-R Type II, A-R Type III, AC-20- 13,050 GAL 3.00 39,150.00 4.14 54,027.00 3.45 45,022.50 5TR, AC-20XP, AC-15P, or AC-10-2TR), A1.2 Grade 4 Type PB Aggregate (precoated crushed gravel, crushed slag, crushed stone, or LRA), 409 CY 93.26 38,143.34 56.70 23,190.30 72.00 29,448.00 A1.3 Street Sweeping One Week After Sealcoating, Lump Sum 5,000.00 5,000.00 750.00 750.00 1,200.00 1,200.00 A1.4 Street Sweeping One Month After Sealcoating, Lump Sum 5,000.00 5,000.00 750.00 750.00 1,200.00 1,200.00 A1.5 Barricades and traffic control furnished and 4.5 MO 0.01 0.05 0.01 0.045 500.00 2,250.00 installed, complete in place A1.6 Mobilization in accordance with the plans and Lump Sum 0.01 0.01 7,195.00 7,195.00 1,100.00 1,100.00 specifications Alternative #1 Total 87,293.40 85,912.35 80,220.50Y:12-RFXEngineeringES0112 SealcoatingBid Tab & Summary ES0112 final
  9. 9. Alternative #2 - Spring Creek Boat Ramp Parking - Lake Nasworthy (2 Course Sealcoat) Description Quantity Brannon Paving Co., Inc. Ronald R. Wagner & Co, LP Blacktopper Technologies, Inc. No. Unit Unit Unit Cost Total Price Unit Cost Total Price Unit Cost Total Price A2.1 Asphalt Tier 2 (A-R Type II, A-R Type III, AC-20- GAL 3.00 6,603.00 5.51 12,127.51 3.45 7,593.45 5TR, AC-20XP, AC-15P, or AC-10-2TR), 2,201 A2.2 Grade 4 Type PB Aggregate (precoated crushed gravel, crushed slag, crushed stone, or LRA), CY 93.26 6,434.94 56.70 3,912.30 72.00 4,968.00 69 A2.3 Street Sweeping One Week After Sealcoating, Lump Sum 5,000.00 5,000.00 750.00 750.00 400.00 400.00 A2.4 Street Sweeping One Month After Sealcoating, Lump Sum 5,000.00 5,000.00 750.00 750.00 400.00 400.00 A2.5 Barricades and traffic control furnished and 4.5 MO 0.01 0.045 0.01 0.045 10.00 45.00 installed, complete in place A2.6 Mobilization in accordance with the plans and Lump Sum 0.01 0.01 4,469.00 4,469.00 900.00 900.00 specifications Alternative #2 Total 23,038.00 22,008.86 14,306.45 Alternative #3 - Lowrie Ave. Magnolia St. to Alley to the North (2 Course Sealcoat) Description Quantity Brannon Paving Co., Inc. Ronald R. Wagner & Co, LP Blacktopper Technologies, Inc. No. Unit Unit Unit Cost Total Price Unit Cost Total Price Unit Cost Total Price A3.1 Asphalt Tier 2 (A-R Type II, A-R Type III, AC-20- 311 GAL 3.00 933.00 3.93 1,222.23 3.45 1,072.95 5TR, AC-20XP, AC-15P, or AC-10-2TR), A3.2 Grade 4 Type PB Aggregate (precoated crushed gravel, crushed slag, crushed stone, or LRA), 10 CY 93.26 932.60 56.70 567.00 72.00 720.00 A3.3 Street Sweeping One Week After Sealcoating, Lump Sum 5,000.00 5,000.00 0.01 0.01 200.00 200.00 A3.4 Street Sweeping One Month After Sealcoating, Lump Sum 5,000.00 5,000.00 0.01 0.01 200.00 200.00 A3.5 Barricades and traffic control furnished and 4.5 MO 0.01 0.045 0.01 0.045 11.00 49.50 installed, complete in place A3.6 Mobilization in accordance with the plans and Lump Sum 0.01 0.01 2,950.00 2,950.00 600.00 600.00 specifications Alternative #3 Total 11,865.66 4,739.30 2,842.45 Base Bid Total + Alternative #1, #2, #4 $ 892,739.63 $ 950,053.00 $ 905,520.50 Recommended For Bid Award $ 772,408.25 RFBs mailed to: Blacktopper Technology, Inc. Blanco TX Brannon Paving Co Victoria TX Contract Paving Co. Tye TX F N Ploch Const New BraunfeTX Lipham Construction Co., Inc. Aspermont TX Mr.Ts Asphalt Paving & Sealcoating Menard TX Northeastern Pavers, Inc. Granbury TX Price Construction Big Spring TX Reece Albert San Angelo TX Van Zandt Paving Odessa TX Ronald Wagner & Co LP Kendalia TXY:12-RFXEngineeringES0112 SealcoatingBid Tab & Summary ES0112 final
  10. 10. RFB/ES-01-12 Street Sealcoat 2012 Award Summary Base BidItem No. Description Units Quantity Unit Cost Total 1 Asphalt Tier 2 GAL 112,876 $ 3.00 $ 338,628.00 2 Grade 4 Type PB Aggregate CY 3,538 $ 93.26 $ 329,953.88 3 Yellow Work Zone Tab TY Y-2 EA 10,043 $ 0.65 $ 6,527.95 4 White Work Zone Tab TY-W EA 5,508 $ 0.65 $ 3,580.20 5 Raised Pavement Marker TY II A-A EA 2,378 $ 3.25 $ 7,728.50 6 Raised Pavement Marker TY I-C EA 1,100 $ 3.25 $ 3,575.00 7 4" Broken White Pavement Marking (Type II) LF 18,360 $ 0.205 $ 3,763.80 8 8" Solid White Pavement Marking (Type II) LF 3,634 $ 0.49 $ 1,780.66 9 12" Solid White Pavement Marking (Type II) LF 368 $ 1.80 $ 662.40 10 24" Solid White Pavement Marking (Type II) LF 1,693 $ 2.67 $ 4,520.31 11 4" Broken Yellow Pavement Marking (Type II) LF 19,840 $ 0.205 $ 4,067.20 12 4" Solid Yellow Pavement Marking (Type II) LF 81,828 $ 0.13 $ 10,637.64 13 12" Solid Yellow Pavement Marking (Type II) LF 65 $ 1.80 $ 117.00 14 Street Sweeping 1 Week After Sealcoating LS 1 $ 10,000.00 $ 10,000.00 15 Street Sweeping 1 Month After Sealcoating LS 1 $ 10,000.00 $ 10,000.00 16 Barricades MO 4.5 $ 0.01 $ 0.045 17 Mobilization LS 1 $ 10,000.00 $ 10,000.00 18 Contingency LS 1 $ 25,000.00 $ 25,000.00 Base Bid Total $ 770,542.59 Alternate #3 - Lowrie Ave. - Magnolia St. to the Alley North (2 Course Sealcoat)Item No. Item Units Quantity Unit Cost Total 1 Asphalt Tier 2 GAL 311 $ 3.00 $ 933.00 2 Grade 4 Type PB Aggregate CY 10 $ 93.26 $ 932.60 5 Barricades MO 4.5 $ 0.01 $ 0.045 6 Mobilization LS 1 $ 0.01 $ 0.01 Alternate #3 Total $ 1,865.66 Proposed Award Summary Base Bid $ 770,542.59 Alternate #3 - Lowrie Ave. - Magnolia St. to the Alley North (2 Course Sealcoat) $ 1,865.66 Total $ 772,408.25 Items Not Awarded in Alternate # 3Item No. Item Units Quantity Unit Cost Total 3 Street Sweeping 1 Week After Sealcoating LS 1 $ 5,000.00 $ 5,000.00 4 Street Sweeping 1 Month After Sealcoating LS 1 $ 5,000.00 $ 5,000.00
  11. 11. MEMORANDUMDate: June 29, 2012To: Mayor and CouncilmembersFrom: Luis Elguezabal, A.A.E., Airport DirectorSubject: Consideration for 07-17-12 meetingContact: Luis Elguezabal, A.A.E., Airport, 325-659-6409 or Extension 1010Caption: Consent Agenda: CONSIDERATION OF AUTHORIZING CITY MANAGER OR HIS DESIGNEE TO AWARD BID No. AP-01-12, AND AUTHORIZE ALL RELATED DOCUMENTS, IN THE AMOUNT OF $348,754 TO MEGA CONTRACTORS, INC. FOR THE U.S. CUSTOM AND BORDER PROTECTION HANGAR RENOVATIONS AT SAN ANGELO REGIONAL AIRPORT.History: Staff has received a request from the U.S. Customs and Border Protection to repair the 1st and 2nd floor central bathrooms, repair the leaks on the metal roof, and install heaters for their maintenance hangar. Staff enlisted the assistance of KSA Engineers, Inc. for the design and bidding process of this project.Summary: Five companies bid for this renovation project. The low bid is from Mega Contractors, Inc. who has done work previously for the City of San Angelo. Mega Contractors, Inc. is capable of completing the work. The project will consist of the renovation of the 1st and 2nd floor restroom facilities, installation of seventeen (17) radiant heaters with associated appurtenances, and repair of the metal roof at the U.S. Customs and Border Protection Hangar at 8092 Hangar Road. The entire project is expected to last 180 consecutive calendar days.Financial Impact: The City is obligated to pay $348,754 which will come from the airport’s enterprise fund balance.Related Vision Item: Adequately maintain infrastructure.Other Information/Recommendation: Staff recommends approval.Attachments: AP-01-12 - Bid Tabulation AP-01-12 - Project ContractPresentation: NonePublication: NoneReviewed by Director: Luis Elguezabal, A.A.E., Airport, 06-29-20112
  12. 12. CITY OF SAN ANGELO BID TABULATION * RFB NO: AP-01-12/Hanger Restroom Renovation and Roof Repair * May 22, 2012 Frontera Construction Mega Contractors M&M Erectors Templeton Stoddard Construction Description Quantity Unit Unit Cost Total Price Unit Cost Total Price Unit Cost Total Price Unit Cost Total Price Unit Cost Total Price Item 1 USCBP Restroom Renovations 1.01 Mobilization 1 LS 25,203.00 25,203.00 5,000.00 5,000.00 1,500.00 1,500.00 2,500.00 2,500.00 10,000.00 10,000.00 1.02 USCBP Restroom Renovations 1 LS 162,907.00 162,907.00 212,421.00 212,421.00 257,500.00 257,500.00 262,100.00 262,100.00 330,000.00 330,000.00 Total Bid Item 1 $ 188,110.00 $ 217,421.00 $ 259,000.00 $ 264,600.00 $ 340,000.00 Item 2 USCBP Hangar Roof Repair 2.01 USCBP Hangar Roof Repair 1 LS 15,347.00 15,347.00 9,500.00 9,500.00 9,900.00 9,900.00 13,500.00 13,500.00 15,000.00 15,000.00 Total Bid Item 2 $ 15,347.00 $ 9,500.00 $ 9,900.00 $ 13,500.00 $ 15,000.00 Item 3 USCBP Hangar Radiant Heaters 3.01 USCBP Hangar Radiant Heaters 1 LS 183,944.00 183,944.00 121,833.00 121,833.00 156,700.00 156,700.00 131,600.00 131,600.00 107,000.00 107,000.00 Total Bid Item 3 $ 183,944.00 $ 121,833.00 $ 156,700.00 $ 131,600.00 $ 107,000.00 Total Base Bid $ 387,401.00 $ 348,754.00 $ 425,600.00 $ 409,700.00 $ 462,000.00 Bid Bond: YES YES YES YES YES Price for Additional Work: Overhead Profit Overhead Profit Overhead Profit Overhead Profit Overhead Profit Work Performed by Gen. Contractor 8% 4% 10% 10% 10% 15% 10% 10% 10% 5% Work Performed by Sub-Contractors 6% 4% 10% 10% 15% 15% 5% 5% 5% 5% Calendar Days to Complete Project 180 150 210 120 180 Bids Mailed To: Blanek Construction company San Angelo TX Conerstone Builders San Angelo TX Cooper Construction San Angelo TX Corfield Constrution San Angelo TX G. Creek Construction Austin TX Garco Contracting Co. Inc San Angelo TX Greg Pierce Construction LLC San Angelo TX Guido Brothers Construction San Antonio TX Hi-Lite Markings, Inc. Adams Cente NY Imperial Construction Ltd. Weatherford TX Jay Mills Contracting Inc Stephenville TX JC Stoddard Construction Co. San Antonio TX Keller-Martin Organization, Inc. San Antonio TX Lee Lewis Construction San Angelo TX M & M Erectors San Angelo TX Mann Contractors LTD Hutto TX Mega Contractors Fort Worth TX Mid-Texas of Midland Midland TX Prime Construction Arlington TX Rafter C Construction, Inc San Angelo TX Ridgemont Commercial Construction Irving TX RKJ Construction, Inc. General ContracLampassas TX Roberts Construction Co San Angelo TX S.W. Sdidel Construction Christoval TX SR Baxter Construction, LLC Wall TX Stoddard Construction Management, In Bulverde TX Templeton Construction San Angelo TX The Fain Group Fort Worth TX San Angelo TXY:12-RFXAirportAP0112 Hanger RenovationsBid Tab & Summary AP0212
  13. 13. CITY OF SAN ANGELO BID TABULATION * RFB NO: AP-01-12/Hanger Restroom Renovation and Roof Repair * May 22, 2012 Frontera Construction Mega Contractors M&M Erectors No. Item Est Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 USCBP Restroom Renovations 1 188,110.00 188,110.00 217,421.00 217,421.00 259,000.00 259,000.00 2 USCBP Hangar Roof Repair 1 15,347.00 188,110.00 9,500.00 9,500.00 9,900.00 9,900.00 3 USCBP Hangar Radiant Heaters 1 183,944.00 183,944.00 121,833.00 121,833.00 156,700.00 156,700.00 Total Base Bid $ 560,164.00 $ 348,754.00 $ 425,600.00 Bid Bond: YES YES YES CITY OF SAN ANGELO BID TABULATION * RFB NO: AP-01-12/Hanger Restroom Renovation and Roof Repair * May 22, 2012 Templeton Stoddard Construction No. Item Est Qty Unit Price Total Price Unit Price Total Price 1 USCBP Restroom Renovations 1 264,600.00 264,600.00 340,000.00 340,000.00 2 USCBP Hangar Roof Repair 1 13,500.00 13,500.00 15,000.00 15,000.00 3 USCBP Hangar Radiant Heaters 1 131,600.00 131,600.00 107,000.00 107,000.00 Total Base Bid $ 409,700.00 $ 462,000.00 Bid Bond: YES YESY:12-RFXAirportAP0112 Hanger RenovationsBid Tab & Summary AP0212
  14. 14. CONTRACT FOR US CUSTOMS AND BORDER PROTECTION HANGAR RESTROOM RENOVATIONS, BUILDING ROOF REPAIR AND INSTALLATION OF RADIANT HEATERS RFB No.AP-01-12 This Contract is entered into this ___ day of ____________, 2012 by and between City ofSan Angelo, a Texas home-rule municipal corporation (“City”) and MEGA Contractors, Inc., aTexas corporation (“Contractor”). RECITALS A. City has issued a Request for Bid No. AP-01-12 US Customs and BorderProtection Hangar Restroom Renovations, Building Roof Repair, and Installation of RadiantHeaters (“RFB No.AP-01-12”) for the renovation of restroom facilities, repair of the existingmetal roof, and the installation of seventeen (17) radiant heaters located at San Angelo AirportUS Customs and Border Protection Hangar with the address of 8092 Hangar Road San Angelo,Texas 76904 and Contractor’s bid, in response thereto, has been selected as the most qualifiedproposal for the provision of Work (“Work”). B. The Council of the City of San Angelo approved the selection of Contractor on________________, 2012, and authorized the City Manager to negotiate and execute a contract,under the terms and conditions set forth herein.NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained,City and Contractor agree as follows: 1. STATEMENT OF WORKA. Contractor shall be responsible for the completion of the work described in RFB No. AP- 01-12 US Customs and Border Protection Hangar Restroom Renovations, Building Roof 1
  15. 15. Repair, and Installation of Radiant Heaters, to include the renovation of the 1ST and 2nd floor restroom facilities, the repair of existing metal roof and installation of seventeen (17) radiant heaters with associated appurtenances.B. Contractor shall provide all labor for preparing the worksite and furnish all material, accessories, labor, and equipment necessary for completing the construction, replacement, installation; and, all other work specified in the technical specification documents and drawings included with the Contract Documents incorporated herein by reference in Section 6 of this Contract and in accordance with the terms and conditions set forth herein and within those Contract Documents; 2. TIME OF PERFORMANCEContractor agrees to substantially complete Work within one hundred eighty (180) consecutivecalendar days (“Contract Time”) after the date Work commences as established by the Notice toProceed. Contractor further agrees that approval for beginning Work on the project will not begiven and that Work will not start until all required bonds and insurance certificates specified inthe bid documents have been received and approved by City. 3. LIQUIDATED DAMAGESCity and Contractor recognize that the time of performance is of the essence in this Contract andthat City will suffer financial loss if Work is not substantially complete within the time specifiedin paragraph 2 above, plus any extensions thereof allowed. Both parties hereto also recognizethe delays, expense, and difficulties involved in proving in a legal proceeding the actual losssuffered by City if Work is not substantially complete on time. Accordingly, instead of requiringsuch proof, City and Contractor agree that a reasonable estimate of liquidated damages for anydelay (but not as a penalty) would be for Contractor to pay City Five Hundred Dollars ($500.00) 2
  16. 16. for each calendar day that expires after the time specified in paragraph B until Work issubstantially complete. Therefore, Contractor shall pay as liquidated damages Five HundredDollars ($500.00) for each calendar day that expires after the time specified in paragraph 2 untilWork is substantially complete. 4. CONTRACT PRICECity shall pay to Contractor for performance of Work embraced in this Contract, and Contractorshall accept as full compensation therefore, the Bid Price of Three Hundred Forty EightThousand Seven Hundred Fifty Four Dollars No/100 ($348,754.00) subject to adjustment only asprovided by approved change order, for all Work covered by and included in the contract award;payment thereof to be made in current funds in the manner provided in Section 5, PaymentProcedure. 5. PAYMENT PROCEDUREContractor shall submit Applications for Payment in accordance with the General Conditions asshown in RFB No.AP-01-12 and City shall process the Applications for Payment in accordancewith the General Conditions, except that progress payments and the final payment under thisContract shall be made as set as follows:A. Progress Payments. City shall make progress payments of the Contract Price on the basis of Contractor’s applications for payment on or about the thirtieth (30th) day after submittal of the application for payment each month as provided below. All progress payments shall be based upon the progress of Work, measured as provided for in the General Conditions. 1) Contractor shall subdivide Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Partial payment 3
  17. 17. retainage shall not exceed Five Percent (5%) of the total bid price. Upon approval of the value by City, it shall be incorporated into the form of a Partial Payment Estimate furnished by Contractor. 2) If payment is requested by Contractor on the basis of materials on hand, not in place, but delivered and suitably stored at the site or at another location agreed to in writing, the Partial Payment Estimate shall also be accompanied by such supporting data, satisfactory to City, as well establish its interest therein, including applicable insurance. Payment for material on hand but not installed will not constitute acceptance of material as inspected and approved for installation. 3) Upon substantial completion as described in the General Conditions, City shall pay an amount sufficient to increase total payments to Contractor to Ninety Five Percent (95%) of the Contract Price, less such amounts, if any, City determines should be deducted in accordance with the General Conditions.B. Final Payment. Upon completion and acceptance of Work by City in accordance with the General Conditions, City shall pay the remainder of the Contract Price. 6. CONTRACT DOCUMENTSThe following documents from the City of San Angelo are incorporated herein by reference forall purposes, as if fully set out verbatim: • Request for Bid for the US Customs and Border Protection Hangar Restroom Renovations, Building Roof Repair, and Installation of Radiant Heaters RFB No.AP-01-12(”RFB No.AP-01-12”) • All of the documents, conditions, specifications, technical data, 4
  18. 18. drawings, requirements and addenda comprising said Bid Invitation number as of the time this Contract is entered by Contractor and City. 7. CONTRACTOR’S REPRESENTATIONSIn order to induce City to enter into this Contract, Contractor makes the followingrepresentations to City:A. Contractor has familiarized itself with the nature and extent of the Contract Documents, Work, and with all local conditions and federal, state and local laws.B. Contractor has made, or caused to be made, examinations and investigations of information as it deems necessary for the performance of Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations or similar data are, or will be required by Contractor for such purposes.C. Contractor has given City advanced written notice of all conflicts, errors, or discrepancies that it has discovered in the Contract Documents prior to bidding and the written resolution thereof by City is acceptable to Contractor.D. Contractor is skilled and experienced to responsibly perform the type of Work described in the Contract Documents in a timely manner. 8. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWSContractor understands that agreements between private entities and local governments aresubject to certain laws and regulations, including laws pertaining to public records, conflict ofinterest, record keeping, etc. City and Contractor agree to comply with and observe all applicablelaws, codes and ordinances as they may be amended from time to time. 5
  19. 19. 9. OWNERSHIP OF DOCUMENTSContractor understands and agrees that any information, document, report or any other materialwhatsoever which is given by the City to Contractor or which is otherwise obtained or preparedby Contractor pursuant to or under the terms of this Agreement is and shall at all times remainthe property of the City. Contractor agrees not to use any such information, document, report ormaterial for any other purpose whatsoever without the written consent of City, which may bewithheld or conditioned by the City in its sole discretion.. 10. AUDIT AND INSPECTION RIGHTSA. City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by City to Contractor under this Agreement, audit or cause to be audited, those books and records of Contractor which are related to Contractor’s performance under this Agreement. Contractor agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement.B. City may, at reasonable times during the term hereof, inspect Contractor’s facilities and perform such tests, as City deems reasonably necessary, to determine whether the goods or services required to be provided by Contractor under this Agreement conform to the terms hereof, if applicable. Contractor shall make available to City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of San Angelo Code of Ordinance, as same may be amended or supplemented from time to time. 6
  20. 20. 11. AWARD OF AGREEMENTContractor represents and warrants to City that it has not employed or retained any person orcompany employed by City to solicit or secure this Agreement and that it has not offered to pay,paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of anykind contingent upon or in connection with, the award of this Agreement. 12. PUBLIC RECORDSContractor understands that the public shall have access, at all reasonable times, to all documentsand information pertaining to City contracts, and agrees to allow access by City and the public toall documents subject to disclosure under applicable law. Contractor’s failure or refusal tocomply with the provisions of this section shall result in the immediate cancellation of thisAgreement by City. 13. DEFAULTIf Contractor fails to comply with any term or condition of this Agreement, or fails to performany of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of adefault hereunder City, in addition to all remedies available to it by law, may immediately, uponwritten notice to Contractor, terminate this Agreement whereupon all payments, advances, orother compensation paid by City to Contractor while Contractor was in default shall beimmediately returned to City. Contractor understands and agrees that termination of thisAgreement under this section shall not release Contractor from any obligation accruing prior tothe effective date of termination. Should Contractor be unable or unwilling to commence toperform the Services within the time provided or contemplated herein, then, in addition to theforegoing, Contractor shall be liable to City for all expenses incurred by City in preparation andnegotiation of this Agreement, as well as all costs and expenses incurred by the City in the re- 7
  21. 21. procurement of the Services, including consequential and incidental damages. 14. CITY’S TERMINATION RIGHTSA. City shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to Contractor at least five (5) business days prior to the effective date of such termination. In such event, City shall pay to Contractor compensation for services rendered and expenses incurred prior to the effective date of termination. In no event shall City be liable to Contractor for any additional compensation, other than that provided herein, or for any consequential or incidental damages.B. City shall have the right to terminate this Agreement, without notice or liability to Contractor, upon the occurrence of an event of default hereunder. In such event, City shall not be obligated to pay any amounts to Contractor and Contractor shall reimburse to the City all amounts received while Contractor was in default under this Agreement. 15. RESOLUTION OF CONTRACT DISPUTESContractor understands and agrees that all disputes between Contractor and City based upon analleged violation of the terms of this Contract by City shall be submitted to the City Manager forhis resolution, prior to Contractor being entitled to seek judicial relief in connection therewith.In the event that the amount of compensation hereunder exceeds Twenty Five Thousand Dollars($25,000.00), the City Manager’s decision shall be approved or disapproved by the City Council.Contractor shall not be entitled to seek judicial relief unless: (i) Contractor has first receivedCity Manager’s written decision, approved by the City Council if the amount of compensationhereunder exceeds Twenty Five Thousand Dollars ($25,000.00); or (ii) a period of sixty (60)days has expired, after submitting to the City Manager a detailed statement of the dispute,accompanied by all supporting documentation (90 days if City Manager’s decision is subject to 8
  22. 22. City Council approval); or (iii) City has waived compliance with the procedure set forth in thissection by written instruments, signed by the City Manager. 16. INSURANCEA. Contractor shall, at all times during the term hereof, maintain such insurance coverage as may be required by City. All such insurance, including renewals, shall be subject to the approval of City for adequacy of protection and evidence of such coverage shall be furnished to City on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of the services under this Agreement without thirty (30) calendar days prior written notice to City. Completed Certificates of Insurance shall be filed with City prior to the performance of services hereunder, provided, however, that Contractor shall at any time upon request file duplicate copies of the policies of such insurance with City.B. If, in the judgment of City, prevailing conditions warrant the provision by Contractor of additional liability insurance coverage or coverage which is different in kind, City reserves the right to require the provision by Contractor of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the Contractor fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following City’s written notice, this Agreement shall be considered terminated on the date that the required change in policy coverage would otherwise take effect. 9
  23. 23. 17. SPECIAL INSURANCE AND INDEMNIFICATION RIDERA. GENERAL INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY, DEFEND, AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF CONTRACTOR OR CITY, BY REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW OR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF CONTRACTOR, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONTRACTOR AND ANY OTHER ENTITY, AS A CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS CONTRACT OR SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OF ANYTHING CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY CONTRACTOR HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS CONTRACT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE CONTRACTOR TO INDEMNIFY, DEFEND, OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.B. PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR IN THIS CONTRACT SHALL SURVIVE THE EXPIRATION OF THIS CONTRACT AND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES TO EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT ONLY DURING THE TERM OF THIS CONTRACT BUT THEREAFTER SO LONG AS ANY LIABILITY COULD BE ASSERTED IN 10
  24. 24. REGARD TO ANY ACTS OR OMISSIONS OF CONTRACTOR IN PERFORMING UNDER THIS CONTRACT.C. RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN THIS CONTRACT SHALL EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTS OCCURRING DURING THE TERM OF THIS CONTRACT BUT RETROACTIVELY TO CLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING THE TERM OF PREVIOUS CONTRACTS BETWEEN CITY AND CONTRACTOR. 18. INSURANCE REQUIREMENTSA. General Conditions. The following conditions shall apply to all insurance policies obtained by Contractor for the purpose of complying with this Contract. 1) Satisfactory Companies. Coverage shall be maintained with insurers and under forms of policies satisfactory to City and with insurers licensed to do business in Texas. 2) Named Insureds. All insurance policies required herein shall be drawn in the name of Contractor, with City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees named as additional insureds, except on Workers’ Compensation coverage. 3) Waiver of Subrogation. Contractor shall require its insurance carrier(s), with respect to all insurance policies, to waive all rights of subrogation against City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees. 4) Certificates of Insurance. At or before the time of execution of this Contract, Contractor shall furnish City’s Risk Manager with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required coverage and limits of insurance. All certificates of insurance shall 11
  25. 25. clearly state that all applicable requirements have been satisfied. The certificates shall provide that any company issuing an insurance policy shall provide to City not less than thirty (30) days advance notice in writing of cancellation, non-renewal, or material change in the policy of insurance. In addition, Contractor and insurance company shall immediately provide written notice to City’s Risk Manager upon receipt of notice of cancellation of any insurance policy, or of a decision to terminate or alter any insurance policy. Certificates of insurance and notices of cancellations, terminations, or alterations shall be furnished to City’s Risk Manager at City Hall, 106 S. Chadbourne or P.O. Box 1751, San Angelo, Texas 76903. 5) Contractor’s Liability. The procurement of such policy of insurance shall not be construed to be a limitation upon Contractor’s liability or as a full performance on its part of the indemnification provisions of this Contract. Contractor’s obligations are, notwithstanding any policy of insurance, for the full and total amount of any damage, injury, or loss caused by or attributable to its activities conducted at or upon the premises. Failure of Contractor to maintain adequate coverage shall not relieve Contractor of any contractual responsibility or obligation. 6) Subcontractors’ Insurance. Contractor shall cause each Subcontractor and Sub-Sub- Contractor of Contractor to purchase and maintain insurance of the types and in the amounts specified below. Contractor shall require Subcontractors and Sub- subcontractors to furnish copies of certificates of insurance to City’s Risk Manager evidencing coverage for each Subcontractor and Sub-subcontractor.B. Types And Amounts Of Insurance Required. Contractor shall obtain and continuously maintain in effect at all times during the term hereof, at Contractor’s sole expense, 12
  26. 26. insurance coverage as follows with limits not less than those set forth below:1) Commercial General Liability. This policy shall be occurrence-type policy and shall protect Contractor and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than Contractor’s employees) and damage to property of City or others arising out of the act or omission of Contractor or its agents and employees. This policy shall also include protection against claims for the contractual liability assumed by Contractor under the paragraph of this Contract entitled “Indemnification,” including completed operations, products liability, contractual coverage, broad form property coverage, explosion, collapse, underground, premises/operations, and independent contractors (to remain in force for two years after final payment). Coverage limits shall not be less than: $1,000,000.00 General Aggregate $500,000.00 Products- Completed Operations $500,000.00 Personal & Advertising Injury $500,000.00 Each Occurrence $100,000.00 Fire Damage (any one fire)2) Business Automobile Liability. This policy shall protect Contractor and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles and shall cover operation on and off the premises of all motor vehicles licensed for highway use, whether they are owned, non-owned or hired. Coverage limits shall not be less than: $500,000.00 Each Accident Limit3) Workers’ Compensation and Employer’s Liability. If Contractor hires any 13
  27. 27. employees, Contractor shall maintain Workers’ Compensation and Employer’s Liability insurance, which shall protect Contractor against all claims under applicable state workers’ compensation laws and employer’s liability. The insured shall also be protected against claim for injury, disease or death of employees which for any reason, may not fall within the provisions of a workers’ compensation law. Coverage shall not be less than: Statutory Amount Workers’ Compensation $500,000.00 Employer’s Liability, Each Accident $500,000.00 Employer’s Liability, Disease - Each Employee $500,000.00 Employer’s Liability, Disease - Policy Limit The foregoing requirement will not be applicable if, and so long as, Contractor qualifies as a self-insurer under the rules and regulations of the commission or agency administering the workers’ compensation program in Texas and furnishes evidence of such qualification to City in accordance with the notice provisions of this Contract. If Contractor uses contract labor, Contractor shall require its subcontractor to maintain the above referenced coverage and furnish copies of certificates of insurance as required herein. 19. INDEPENDENT CONTRACTORNothing contained in this Agreement is intended to, or shall be construed in any manner, ascreating or establishing the relationship of employer/employee between the parties. Contractorshall at all times remain an independent contractor with respect to the services to be performedunder this Agreement. City shall be exempt from payment of all unemployment compensation,FICA, retirement, life and/or medical insurance and workers’ compensation insurance onContractor’s employees. 14
  28. 28. 20. NONDISCRIMINATIONContractor represents and warrants to City that Contractor does not and will not engage indiscriminatory practices and that there shall be no discrimination in connection with Contractor’sperformance under this Agreement on account of race, color, sex, religion, age, handicap, maritalstatus or national origin. Contractor further covenants that no otherwise qualified individualshall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status ornational origin, be excluded from participation in, be denied services, or be subject todiscrimination under any provision of this Agreement. 21. AMENDMENTSCity or Contractor may amend this Agreement at any time provided that such amendments makespecific reference to this Agreement, and are executed in writing, signed by a duly authorizedrepresentative of both organizations, and approved by City. Such amendments shall notinvalidate this Agreement, nor relieve or release City or Contractor from their respectiveobligations under this Agreement. 22. ASSIGNMENTNo assignment by a party hereto of any rights under, or interest in, the Contract Documents willbe binding on another party hereto without the written consent of the party sought to be bound;and specifically, but without limitation, moneys that may become due, and moneys that are due,may not be assigned without such prior consent (except to the extent that this restriction may belimited by law), and unless specifically stated to the contrary in any written consent to anassignment, no assignment will release or discharge the assignor from any duty or responsibilityunder the Contract Documents. 15
  29. 29. 23. SUCCESSORS AND ASSIGNSThis Agreement shall be binding upon the parties hereto, their heirs, executors, legalrepresentatives, successors, or assigns. 24. NOTICESCommunication and details concerning this Agreement shall be directed to the followingrepresentatives: CITY CONTRACTOR City of San Angelo MEGA Contractors, Inc. Attn: Luis Elguezabal Attn: R. D. Hogan, President 72 W. College 914 N. Sylvania Avenue San Angelo, Texas 76903 Fort Worth, Texas 76111 Phone: (325) 659-6409 ext-3 Phone: (817) 222-0600 Email: luis.elguezabal@sanangelotexas.us Email: D1@megacontractorsinc.comBefore City shall be liable to Contractor or any of its successors or assigns for any allegedbreach of this Contract, notice must first be given City within six (6) months of the dateContractor alleges the breach occurred. Such notice shall be in accordance with and providesubstantially the same information as required for notice of tort claims as specified in Article1.500 of the City of San Angelo Code of Ordinances. 25. MISCELLANEOUS PROVISIONSA.. Remedies: In the event of default by Contractor under the Contract Documents, City shall have all rights and remedies afforded to it at law or in equity to enforce the terms of the Contract Documents; however, arbitration is not an available remedy to resolve any disputes arising under this Agreement unless City and Contractor mutually agree to such remedy in a separate written agreement. The exercise of any one right or remedy shall be without prejudice to the enforcement of any other right or remedy allowed at law or in equity. 16
  30. 30. B. Attorneys’ Fees: If any action at law or in equity is necessary by either City or Contractor to enforce or interpret the terms of the Contract Documents, the party prevailing on the majority of issues shall be entitled to reasonable attorneys’ fees and costs and any necessary disbursements in addition to any other relief to which the prevailing party is entitled.C. Conflicts: This Agreement, the documents required to be provided, and the Contract Documents constitute the entire agreement between the parties hereto and supersede any prior written or oral agreements and understandings between the parties. If any provision of this Agreement, the General Conditions, the Specifications or any other provision contained within the Contract Documents conflicts, or is inconsistent with any other provision of the Contract Documents, then the conflict or inconsistency will be resolved first by reference to the terms of this Agreement, then to the General Conditions to this Agreement and then finally to the Specifications therein, unless a federal law, regulation or restriction would require otherwise, in which case the federal provision would control.D. Severability: If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.E. Venue: This Agreement, including the Contract Documents, is governed by the laws of the State of Texas. Venue for any suit or claim or cause of action arising out of or related to Work covered by this Agreement shall be in Tom Green County, Texas.F. Counterparts: This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. 17
  31. 31. G. Enforcement: This Agreement shall be construed and enforced according to the laws of the State of Texas.H. Headings: Titles and paragraphs are for convenient reference and are not a part of this Agreement.I. No Waiver: No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing.J. Governing Laws: Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Texas or the City of San Angelo, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. 26. CONTINGENCY CLAUSEFunding for this Agreement is contingent on the availability of funds and continued authorizationfor program activities and the Agreement is subject to amendment or termination due to lack offunds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 27. ENTIRE AGREEMENTThis Agreement constitutes the sole and entire agreement between the parties hereto. Nomodification or amendment hereto shall be valid unless in writing and executed by properlyauthorized representatives of the parties hereto. 18
  32. 32. 28. REAFFIRMATION OF REPRESENTATIONSContractor herby reaffirms all of the representations contained in RFB No.AP-01-12. IN WITNESS WHEREOF, the parties hereto have caused this instrument to beexecuted by their respective officials thereunto duly authorized, this the day and year abovewritten. . CONTRACTOR: MEGA Contractors, Inc. By: ______ATTEST: R. D. Hogan, President______________________________(SEAL) CITY City of San Angelo By: ______ Michael Dane, Interim City ManagerATTEST:Alicia Ramirez, City Clerk(SEAL) 19
  33. 33. CONTRACT FOR US CUSTOMS AND BORDER PROTECTION HANGAR RESTROOM RENOVATIONS, BUILDING ROOF REPAIR AND INSTALLATION OF RADIANT HEATERS BETWEEN CITY OF SAN ANGELO & MEGA CONTRACTORS, INC. RFB No.AP-01-12Approved as to Content: Approved as to Form:______________________________ ______________________Luis Elguezabal, Airport Director Lysia H. Bowling, City AttorneyApproved as to Content: Approved as to Insurance Requirements______________________________ _______________________________Roger Banks, Purchasing Manager John Seaton, Risk Manager 20
  34. 34. City of San AngeloMemo Date: July 13, 2012 To: Mayor and Councilmembers From: Brian Dunn, Fire Department th Subject: Agenda Item for July 17 , 2012 Council Meeting Contact: Brian Dunn, Fire Department, (325) 657-4355 Caption: Consent Agenda Item Consideration of allowing the Fire Department to apply for an AFG (Assistance to Firefighters Grant) with a twenty percent (20%) match. Summary: The fire department would like to apply for an AFG (Assistance to Firefighters Grant) for a Type III brush truck. This truck would cost about $291,700 and the equipment needed for the truck would be another $40,000 for a total of $331,700. The city would have a twenty percent match for the amount of $66,340. The city has a very small brush truck that we use to get in small areas inside the city. This Type III truck would carry 1000 gallons of water and have a larger pump. This type of truck would be more suited to help fight the type of fires we experienced in 2011. The City of San Angelo does have a considerable amount of wildland interface within and around the city limits. The best option is to remove these dangers with bulldozers and maintainers. This would prevent many of these areas from becoming fire hazards. We need the capacity to be able to contain these types of fires and this fire truck is made to deal with these situations. A type III truck would give us some ability to help with some of the bigger fires that threaten areas in the county. This truck could help protect other city assets that may be deployed to area wildfires. We will still need to purchase equipment to go on the vehicle. The vehicle would still need hose, nozzles, tools, airpacks, radios and other miscellaneous items. These items would cost about $40,000. History: N/A Financial Impact: $66,340…This money would come from account 508-9000-800 07-20 Related Vision Item N/A (if applicable): Other Information/ Staff Recommends Approval Recommendation: Attachments: AFG Grant Application 2012.pdf Adopted: 5/30/03 Revised: 6/21/10
  35. 35. Presentation: NonePublication: NoneReviewed by Brian Dunn, Firechief July 3, 2012Director:Approved by Legal:
  36. 36. PROPERTY ANALYSIS For Tax Resale PropertyLegal Description: Lot 9, Block 11, Lasker Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 47, Page 636, Official Public Records of Real Property of Tom Green County, Texas.Improved/Unimproved UnimprovedTax Suit Number: B-06-0055-TLocation: 106 W 15th StreetParcel Size/Dimensions: 50 x 140City of San Angelo vs. Nancy WrightTax ID Number: 16-31200-0011-008-00Judgment Date: June 14, 2007Date of Sheriffs Sale: March 4, 2008Sheriffs Deed Recorded: April 7, 2008 Years Held in Trust 4 Yrs. Urban Redevlopment Sale: NOAdjudge Value: $ 1,713.00Amount of Offer: $ 950.00 Amounts Due Priority % of Pro Rata Amounts Fees Judgment Allocations Remainder Allocations DistributedAdministration Fee $ 350.00 $ 350.00 0.00% $ 350.00Maintenance Fee $ - 0.00% $ -District Clerk $ 195.00 $ 195.00 0.00% $ 195.00Sheriffs Fee $ 100.00 $ 100.00 0.00% $ 100.00Attorney Fee $ 275.00 $ 275.00 0.00% $ 275.00Municipal Liens $ - 0.00% $ - $ -Taxes $ 1,143.00 100.00% $ 30.00 $ 30.00Total $ 920.00 $ 1,143.00 $ 920.00 100.00% $ 30.00 $ 950.00Actual Total Amt Due $ 2,063.00Amount Remaining $ 30.00 Offer will satisfy the court cost and a portion of the taxes and liens.
  37. 37. Lot 9, Block 11, Lasker Addition106 W 15th Street 50 x 140Copyright 2011 Esri. All rights reserved. Fri May 18 2012 02:52:31 PM.
  38. 38. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strikeany or all of the following information from this instrument before it is filed for record in the publicrecords: your social security number or your driver’s license number. Tax-Resale Deed (Property Sold for Less than Adjudged Value or Judgment) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself, Tom Green County, San Angelo Independent School District. P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Darrell Jones and Marta Jones, husband and wife 106 W. 15th Street San Angelo, Tom Green County, Texas 76903 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements): Lot 9, Block 11, Lasker Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 47, Page 636, Official Public Records of Real Property of Tom Green County, Texas. Acct. #16-31200-0011-008-00 Judgment: Judgment for the foreclosure of a tax lien against the Property entered on June 14, 2007, in Cause No. B-06-0055-T by the 119th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated March 31, 2008, and recorded in Instrument Number 649595, Official Public Records, Tom Green County, Texas. For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantors right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantees heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax- Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are hereby specifically excluded. Grantees rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose.

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