July 17, 2012 Agenda Packet

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 Drive

THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.
ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH
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IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,
ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.

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day for two weeks beginning on the Thursday after each meeting.

As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate”
Thank You!

I. OPEN SESSION (9:00 A.M.)
A. Call to Order
B. Prayer and Pledge
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.”
C. 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-T

City Council Agenda Page 1 of 5 July 17, 2012

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 DATE
III. REGULAR AGENDA:
F. EXECUTIVE/CLOSED SESSION
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A.
Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings

be Open, Section 551.071(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
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
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.
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
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


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
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 street's right-of-way between Glenna
Street and Howe Street, in central San Angelo; AND PROVIDING AN EFFECTIVE DATE
23. Consideration of an appeal of Planning Commission's 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
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
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 AND

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.
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 Clerk


City of San Angelo

Memo
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.

Attachments: ENG ES-01-12 Sealcoat Bid Tab & Summary
ENG ES-01-12 Sealcoat Award Summary
Presentation: None

Publication: None

Reviewed by Shawn Lewis, Development Services Director, June 8, 2012
Director:

Approved by Legal: Lysia H. Bowling, City Attorney, June 8, 2012

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)
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 80,220.50

Y:12-RFXEngineeringES0112 SealcoatingBid Tab & Summary ES0112 final

Alternative #2 - Spring Creek Boat Ramp Parking - Lake Nasworthy (2 Course Sealcoat)
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
gravel, crushed slag, crushed stone, or LRA), CY 93.26 6,434.94 56.70 3,912.30 72.00 4,968.00
69
Lump Sum 5,000.00 5,000.00 750.00 750.00 400.00 400.00
Lump Sum 5,000.00 5,000.00 750.00 750.00 400.00 400.00
4.5 MO 0.01 0.045 0.01 0.045 10.00 45.00
Lump Sum 0.01 0.01 4,469.00 4,469.00 900.00 900.00
specifications

Alternative #3 - Lowrie Ave. Magnolia St. to Alley to the North (2 Course Sealcoat)
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),
gravel, crushed slag, crushed stone, or LRA), 10 CY 93.26 932.60 56.70 567.00 72.00 720.00
Lump Sum 5,000.00 5,000.00 0.01 0.01 200.00 200.00
Lump Sum 5,000.00 5,000.00 0.01 0.01 200.00 200.00
4.5 MO 0.01 0.045 0.01 0.045 11.00 49.50
Lump Sum 0.01 0.01 2,950.00 2,950.00 600.00 600.00
specifications

Base Bid Total + Alternative #1, #2, #4 $ 892,739.63 $ 950,053.00 $ 905,520.50
Recommended For Bid Award $ 772,408.25

RFB's 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.T's 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 TX

Y:12-RFXEngineeringES0112 SealcoatingBid Tab & Summary ES0112 final

RFB/ES-01-12 Street Sealcoat 2012
Award Summary
Base Bid
Item 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 # 3
Item 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

MEMORANDUM

Date: June 29, 2012


From: Luis Elguezabal, A.A.E., Airport Director

Subject: Consideration for 07-17-12 meeting

Contact: Luis Elguezabal, A.A.E., Airport, 325-659-6409 or Extension 1010

Caption: 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 Contract

Presentation: None

Publication: None

Reviewed by Director: Luis Elguezabal, A.A.E., Airport, 06-29-20112

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 TX

Y:12-RFXAirportAP0112 Hanger RenovationsBid Tab & Summary AP0212

CITY OF SAN ANGELO

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

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 YES

Y:12-RFXAirportAP0112 Hanger RenovationsBid Tab & Summary AP0212

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 of

San Angelo, a Texas home-rule municipal corporation (“City”) and MEGA Contractors, Inc., a

Texas corporation (“Contractor”).

RECITALS

A. City has issued a Request for Bid No. AP-01-12 US Customs and Border

Protection Hangar Restroom Renovations, Building Roof Repair, and Installation of Radiant

Heaters (“RFB No.AP-01-12”) for the renovation of restroom facilities, repair of the existing

metal roof, and the installation of seventeen (17) radiant heaters located at San Angelo Airport

US 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 qualified

proposal 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 WORK

A. 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

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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 PERFORMANCE

Contractor agrees to substantially complete Work within one hundred eighty (180) consecutive

calendar days (“Contract Time”) after the date Work commences as established by the Notice to

Proceed. Contractor further agrees that approval for beginning Work on the project will not be

given and that Work will not start until all required bonds and insurance certificates specified in

the bid documents have been received and approved by City.

3. LIQUIDATED DAMAGES

City and Contractor recognize that the time of performance is of the essence in this Contract and

that City will suffer financial loss if Work is not substantially complete within the time specified

in paragraph 2 above, plus any extensions thereof allowed. Both parties hereto also recognize

the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss

suffered by City if Work is not substantially complete on time. Accordingly, instead of requiring

such proof, City and Contractor agree that a reasonable estimate of liquidated damages for any

delay (but not as a penalty) would be for Contractor to pay City Five Hundred Dollars ($500.00)

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for each calendar day that expires after the time specified in paragraph B until Work is

substantially complete. Therefore, Contractor shall pay as liquidated damages Five Hundred

Dollars ($500.00) for each calendar day that expires after the time specified in paragraph 2 until

Work is substantially complete.

4. CONTRACT PRICE

City shall pay to Contractor for performance of Work embraced in this Contract, and Contractor

shall accept as full compensation therefore, the Bid Price of Three Hundred Forty Eight

Thousand Seven Hundred Fifty Four Dollars No/100 ($348,754.00) subject to adjustment only as

provided 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, Payment

Procedure.

5. PAYMENT PROCEDURE

Contractor shall submit Applications for Payment in accordance with the General Conditions as

shown in RFB No.AP-01-12 and City shall process the Applications for Payment in accordance

with the General Conditions, except that progress payments and the final payment under this

Contract 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

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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 DOCUMENTS

The following documents from the City of San Angelo are incorporated herein by reference for

all 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,

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drawings, requirements and addenda comprising said Bid Invitation

number as of the time this Contract is entered by Contractor and City.

7. CONTRACTOR’S REPRESENTATIONS

In order to induce City to enter into this Contract, Contractor makes the following

representations 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 LAWS

Contractor understands that agreements between private entities and local governments are

subject to certain laws and regulations, including laws pertaining to public records, conflict of

interest, record keeping, etc. City and Contractor agree to comply with and observe all applicable

laws, codes and ordinances as they may be amended from time to time.

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9. OWNERSHIP OF DOCUMENTS

Contractor understands and agrees that any information, document, report or any other material

whatsoever which is given by the City to Contractor or which is otherwise obtained or prepared

by Contractor pursuant to or under the terms of this Agreement is and shall at all times remain

the property of the City. Contractor agrees not to use any such information, document, report or

material for any other purpose whatsoever without the written consent of City, which may be

withheld or conditioned by the City in its sole discretion..

10. AUDIT AND INSPECTION RIGHTS

A. 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.

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11. AWARD OF AGREEMENT

Contractor represents and warrants to City that it has not employed or retained any person or

company 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 any

kind contingent upon or in connection with, the award of this Agreement.

12. PUBLIC RECORDS

Contractor understands that the public shall have access, at all reasonable times, to all documents

and information pertaining to City contracts, and agrees to allow access by City and the public to

all documents subject to disclosure under applicable law. Contractor’s failure or refusal to

comply with the provisions of this section shall result in the immediate cancellation of this

Agreement by City.

13. DEFAULT

If Contractor fails to comply with any term or condition of this Agreement, or fails to perform

any of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of a

default hereunder City, in addition to all remedies available to it by law, may immediately, upon

written notice to Contractor, terminate this Agreement whereupon all payments, advances, or

other compensation paid by City to Contractor while Contractor was in default shall be

immediately returned to City. Contractor understands and agrees that termination of this

Agreement under this section shall not release Contractor from any obligation accruing prior to

the effective date of termination. Should Contractor be unable or unwilling to commence to

perform the Services within the time provided or contemplated herein, then, in addition to the

foregoing, Contractor shall be liable to City for all expenses incurred by City in preparation and

negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re-

7

procurement of the Services, including consequential and incidental damages.

14. CITY’S TERMINATION RIGHTS

A. 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 DISPUTES

Contractor understands and agrees that all disputes between Contractor and City based upon an

alleged violation of the terms of this Contract by City shall be submitted to the City Manager for

his 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 received

City Manager’s written decision, approved by the City Council if the amount of compensation

hereunder 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

City Council approval); or (iii) City has waived compliance with the procedure set forth in this

section by written instruments, signed by the City Manager.

16. INSURANCE

A. 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.

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17. SPECIAL INSURANCE AND INDEMNIFICATION RIDER

A. 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

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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 REQUIREMENTS

A. 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

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,

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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 Limit

3) Workers’ Compensation and Employer’s Liability. If Contractor hires any

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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 CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as

creating or establishing the relationship of employer/employee between the parties. Contractor

shall at all times remain an independent contractor with respect to the services to be performed

under this Agreement. City shall be exempt from payment of all unemployment compensation,

FICA, retirement, life and/or medical insurance and workers’ compensation insurance on

Contractor’s employees.

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20. NONDISCRIMINATION

Contractor represents and warrants to City that Contractor does not and will not engage in

discriminatory practices and that there shall be no discrimination in connection with Contractor’s

performance under this Agreement on account of race, color, sex, religion, age, handicap, marital

status or national origin. Contractor further covenants that no otherwise qualified individual

shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or

national origin, be excluded from participation in, be denied services, or be subject to

discrimination under any provision of this Agreement.

21. AMENDMENTS

City or Contractor may amend this Agreement at any time provided that such amendments make

specific reference to this Agreement, and are executed in writing, signed by a duly authorized

representative of both organizations, and approved by City. Such amendments shall not

invalidate this Agreement, nor relieve or release City or Contractor from their respective

obligations under this Agreement.

22. ASSIGNMENT

No assignment by a party hereto of any rights under, or interest in, the Contract Documents will

be binding on another party hereto without the written consent of the party sought to be bound;

and specifically, but without limitation, moneys that may become due, and moneys that are due,

may not be assigned without such prior consent (except to the extent that this restriction may be

limited by law), and unless specifically stated to the contrary in any written consent to an

assignment, no assignment will release or discharge the assignor from any duty or responsibility

under the Contract Documents.

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23. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon the parties hereto, their heirs, executors, legal

representatives, successors, or assigns.

24. NOTICES

Communication and details concerning this Agreement shall be directed to the following

representatives:

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.com

Before City shall be liable to Contractor or any of its successors or assigns for any alleged

breach of this Contract, notice must first be given City within six (6) months of the date

Contractor alleges the breach occurred. Such notice shall be in accordance with and provide

substantially the same information as required for notice of tort claims as specified in Article

1.500 of the City of San Angelo Code of Ordinances.

25. MISCELLANEOUS PROVISIONS
A.. 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.

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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

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 CLAUSE

Funding for this Agreement is contingent on the availability of funds and continued authorization

for program activities and the Agreement is subject to amendment or termination due to lack of

funds, reduction of funds and/or change in regulations, upon thirty (30) days notice.

27. ENTIRE AGREEMENT

This Agreement constitutes the sole and entire agreement between the parties hereto. No

modification or amendment hereto shall be valid unless in writing and executed by properly

authorized representatives of the parties hereto.

18

28. REAFFIRMATION OF REPRESENTATIONS

Contractor herby reaffirms all of the representations contained in RFB No.AP-01-12.

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
written.
.

CONTRACTOR:

MEGA Contractors, Inc.

By: ______
ATTEST: R. D. Hogan, President

______________________________

(SEAL)

CITY
City of San Angelo

By: ______
Michael Dane, Interim City Manager
ATTEST:

Alicia Ramirez, City Clerk

(SEAL)

19

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-01-12

Approved as to Content: Approved as to Form:

______________________________ ______________________
Luis Elguezabal, Airport Director Lysia H. Bowling, City Attorney

Approved as to Content: Approved as to Insurance Requirements

______________________________ _______________________________
Roger Banks, Purchasing Manager John Seaton, Risk Manager

20

City of San Angelo

Memo
Date: July 13, 2012


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

Presentation: None

Publication: None

Reviewed by Brian Dunn, Firechief July 3, 2012
Director:

Approved by Legal:

PROPERTY ANALYSIS
For Tax Resale Property

Legal 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 Unimproved
Tax Suit Number: B-06-0055-T
Location: 106 W 15th Street
Parcel Size/Dimensions: 50' x 140'
City of San Angelo vs. Nancy Wright
Tax ID Number: 16-31200-0011-008-00
Judgment Date: June 14, 2007
Date of Sheriff's Sale: March 4, 2008
Sheriff's Deed Recorded: April 7, 2008 Years Held in Trust 4 Yrs.
Urban Redevlopment Sale: NO
Adjudge Value: $ 1,713.00
Amount of Offer: $ 950.00

Amounts Due Priority % of Pro Rata Amounts
Fees Judgment Allocations Remainder Allocations Distributed

Administration Fee $ 350.00 $ 350.00 0.00% $ 350.00
Maintenance Fee $ - 0.00% $ -
District Clerk $ 195.00 $ 195.00 0.00% $ 195.00
Sheriff's Fee $ 100.00 $ 100.00 0.00% $ 100.00
Attorney Fee $ 275.00 $ 275.00 0.00% $ 275.00
Municipal Liens $ - 0.00% $ - $ -
Taxes $ 1,143.00 100.00% $ 30.00 $ 30.00
Total $ 920.00 $ 1,143.00 $ 920.00 100.00% $ 30.00 $ 950.00
Actual Total Amt Due $ 2,063.00
Amount Remaining $ 30.00

Offer will satisfy the court cost and a portion of the taxes and liens.

NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike
any or all of the following information from this instrument before it is filed for record in the public
records: 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 Grantor's right, title, and interest in and
to the Property, to have and to hold it to Grantee and Grantee's 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.

Grantee's 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.

Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market
value specified in the Judgment, or (2) the total amount of the Judgment. Each taxing unit that is entitled to
receive proceeds from the sale of the Property has consented to this sale and has authorized this sale by formal
resolution. The parties acknowledge that the sale of the Property to Grantee does not constitute a violation of
Section 52, Article III, Texas Constitution.

Grantee assumes full payment of any ad valorem taxes for the Property for the current year and all
future years.

When the context requires, singular nouns and pronouns include the plural.

GRANTOR:

The City of San Angelo, a Texas home-rule
municipal corporation, for itself and as Trustee for
any taxing authorities named in the Judgment

ATTEST: By: ____________________________
Alvin New, Mayor and
duly-authorized agent

Alicia Ramirez, City Clerk

STATE OF TEXAS §
§
COUNTY OF TOM GREEN §

This instrument was acknowledged before me on _____________________, 2012, by Alvin New,
Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, on
behalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in the
above instrument.

__________________________________
Notary Public, State of Texas

After Recording, Return To:
City Attorney’s Office

July 17, 2012 Agenda Packet

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