City Council Meeting Agenda Packet 7-5-20221
CITY OF HUNTSVILLE, TEXAS
Andy Brauninger, Mayor
Bert Lyle, Position 1 At-Large
Dee Howard Mullins, Position 2 At-Large
Vicki McKenzie, Position 3 At-Large
Pat Graham, Position 4 At-Large
Daiquiri Beebe, Ward 1
Russell Humphrey, Mayor Pro Tem, Ward 2
Deloris Massey, Ward 3
Jon Strong, Ward 4
HUNTSVILLE CITY COUNCIL AGENDA
TUESDAY, JULY 5, 2022
AMENDED AGENDA
REGULAR SESSION 6:00 P.M. - City Council Chambers
Huntsville City Hall, 1212 Avenue M, Huntsville, Texas, 77340
Persons with disabilities who plan to attend this meeting and may need auxiliary aids or services are requested to
contact the City Secretary’s office (936.291.5413) two working days prior to the meeting for appropriate
arrangements.
MAIN SESSION (6:00 p.m.)
CALL TO ORDER
INVOCATION AND PLEDGES - U.S. Flag and Texas Flag: Honor the Texas Flag. I pledge allegiance to
thee, Texas, one state, under God, one, and indivisible.
1. CONSENT AGENDA
The presiding officer will call for public comments before action is taken on these items. (Approval of
Consent Agenda authorizes the City Manager to implement each item in accordance with staff
recommendations. An item may be removed from the Consent Agenda and added to the Statutory Agenda
for full discussion by request of a member of Council.)
a. Consider approving the Minutes from the June 21, 2022, Regular City Council Meeting.
Kristy Doll, City Secretary
b. Second Reading - Consider authorizing the City Manager to enter into a Development Agreement with
Texas Grand Ranch, LLC, for the development of approximately 1,186 acres of land to be known as
Texas Grand Ranch III, located south of the city limits in the city's extra territorial jurisdiction (ETJ).
Kevin Byal, Director of Development Services
c. Consider authorizing the City Manager to enter into a contract with Inland Environmental, Ltd. to
provide demolition services for the abatement of substandard structures.
Kevin Byal, Director of Development Services
2. STATUTORY AGENDA
a. Consider extending the expiration period for one year on Conditional Use Permit Application # 03-
2020, allowing a Recreational Vehicle Park to be developed on property located in the 600 block of SH
30 East on a +/- 29 acre tract of land, with conditions as recommended by the Planning Commission.
Armon Irones, City Planner
3. CITY COUNCIL/MAYOR/CITY MANAGER
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a. Consider the appointments to City of Huntsville Boards, Commissions, and Committee for expired
terms or vacant board positions.
Andy Brauninger, Mayor
4. REQUESTS FOR CITIZEN PARTICIPATION
(An opportunity for citizens to be heard on any topic and for the City Council to participate in the
discussion. No action will be taken.)
5. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
6. ITEMS OF COMMUNITY INTEREST
ADJOURNMENT
*If during the course of the meeting and discussion of any items covered by this notice, City Council
determines that a Closed or Executive session of the Council is required, then such closed meeting will be held
as authorized by Texas Government Code, Chapter 551, Section 551.071 – consultation with counsel on legal
matters; 551.072 – deliberation regarding purchase, exchange, lease or value of real property; 551.073 –
deliberation regarding a prospective gift; 551.074 – personnel matters regarding the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; 551.076 –
implementation of security personnel or devices; 551.087 – deliberation regarding economic development
negotiation; Sec. 551.089 - deliberation regarding security devices or security audits; and/or other matters as
authorized under the Texas Government Code. If a Closed or Executive session is held in accordance with the
Texas Government Code as set out above, the City Council will reconvene in Open Session to take action, if
necessary, on the items addressed during Executive Session.
CERTIFICATE
I, Kristy Doll, City Secretary, do hereby certify that the above notice was posted on the City Hall bulletin board,
a place convenient and readily accessible to the general public at all times, and to the City’s website,
www.HuntsvilleTX.gov, in compliance with Chapter 551, Texas Government Code.
DATE OF POSTING: July 2, 2022 Kristy Doll
TIME OF POSTING: 1:00 p.m.Kristy Doll, City Secretary
TAKEN DOWN:
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CITY COUNCIL AGENDA
7/5/2022
Agenda Item Number: 1.a.
Agenda Item: Consider approving the Minutes from the June 21, 2022, Regular City Council Meeting.
Initiating Department/Presenter: City Secretary
Presenter:
Kristy Doll, City Secretary
Recommended Motion: Move to approve the Minutes of the Regular City Council meeting held on June
21, 2022.
Strategic Initiative:
Discussion: None
Previous Council Action: Not applicable
Financial Implications: None
Approvals:
Kristy Doll
Associated Information:
1.June 21, 2022 City Council Meeting Minutes
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MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD
ON THE 21st DAY OF JUNE 2022, IN THE CITY HALL, LOCATED AT 1212 AVENUE
M, IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 6:00 P.M.
The Council met in a workshop and regular session with the following:
COUNCILMEMBERS PRESENT: Mayor Brauninger, Mayor Pro Tem Humphrey,
Councilmember Ward 1 Beebe, Councilmember At-Large Position 3 McKenzie, Councilmember
At-Large Position 2 Mullins, Councilmember Ward 4 Strong, Councilmember At-Large Position
4 Graham, Councilmember At-Large Position 1 Lyle
COUNCILMEMBERS ABSENT: Councilmember Ward 3 Massey
OFFICERS PRESENT: Aron Kulhavy, City Manager; Kristy Doll, City Secretary; Leonard
Schneider, City Attorney
WORKSHOP (5:00 p.m.)
a.Receive presentation on public safety staffing levels for the City of Huntsville Police and
Fire Departments
MAIN SESSION (6:00 p.m.)
CALL TO ORDER (6:00 p.m.)
Mayor Brauninger called the meeting to order at 6:00 p.m.
INVOCATION AND PLEDGES - U.S. Flag and Texas Flag: Honor the Texas Flag. I pledge
allegiance to thee, Texas, one state, under God, one, and indivisible.
Councilmember McKenzie gave the invocation, and the pledges were led by Mayor Brauninger.
PROCLAMATION
a.Lee Baron 30th Anniversary
PUBLIC HEARING
1. CONSENT AGENDA
The presiding officer will call for public comments before action is taken on these items.
(Approval of Consent Agenda authorizes the City Manager to implement each item in
accordance with staff recommendations. An item may be removed from the Consent
Agenda and added to the Statutory Agenda for full discussion by request of a member of
Council.)
a. Consider approving the Minutes from the June 21, 2022, Regular City Council
Meeting. Kristy Doll, City Secretary
Councilmember Daiquiri Beebe made a motion to approve the consent agenda. The motion
was seconded by Councilmember Deandra (Dee) Mullins. The motion passed 8-0. Yes -
Andy Brauninger, Russell Humphrey, Daiquiri Beebe, Vicki McKenzie, Deandra (Dee)
Mullins, Jon Strong, Pat Graham, Bert Lyle; No - None
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2. STATUTORY AGENDA
a. FIRST READING: Consider authorizing the City Manager to enter into a
Development Agreement with Texas Grand Ranch, LLC, for the development of
approximately 1,186 acres of land to be known as Texas Grand Ranch III.
Kevin Byal, Director of Development Services
First Reading - No action necessary
b. Consider the appointment of the firm Pattillo, Brown & Hill, LLP as independent
auditors for the City of Huntsville for fiscal years 2022 through 2026.
Steve Ritter, Finance Director
The Mayor moved to appoint the firm Pattillo, Brown & Hill, LLP as independent
auditors for the City of Huntsville for fiscal years 2022 through 2026. (No second is
needed. This motion is made pursuant to Section 11.16 of the City Charter which
requires an annual audit by a CPA appointed by the Mayor with approval of the Council.)
Yes - Andy Brauninger, Russell Humphrey, Daiquiri Beebe, Vicki McKenzie, Jon Strong,
Pat Graham, Bert Lyle; No - Deandra (Dee) Mullins.
3. CITY COUNCIL/MAYOR/CITY MANAGER
4. REQUESTS FOR CITIZEN PARTICIPATION
(An opportunity for citizens to be heard on any topic and for the City Council to participate in
the discussion. No action will be taken.)
None
5. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
6. ITEMS OF COMMUNITY INTEREST
Mayor and Council announced items of community interest.
7. EXECUTIVE SESSION
a. City Council will convene in closed session as authorized by Texas Government
Code, Chapter 551, Section 551.074 – Personnel Matters: regarding the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal
of a public officer or employee: City Manager Aron Kulhavy.
Council convened into Executive Session at 6:17 p.m.
8. RECONVENE
Take action on item discussed in Executive Session if needed.
Reconvened from Executive Session into Open Session at 6:48 p.m.
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Councilmember Humphrey made a motion to renew the City Manager’s current
contract for an additional 12 months with a 5% increase. The motion was seconded
by Councilmember Graham. The motion passed 8-0. Yes - Andy Brauninger,
Russell Humphrey, Daiquiri Beebe, Vicki McKenzie, Deandra (Dee) Mullins, Jon
Strong, Pat Graham, Bert Lyle; No - None
ADJOURNMENT
Mayor Brauninger adjourned the meeting without objection at 6:49 p.m.
ATTEST: CITY OF HUNTSVILLE
____________________________ ________________________________
Kristy Doll, City Secretary Andy Brauninger, Mayor
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CITY COUNCIL AGENDA
7/5/2022
Agenda Item Number: 1.b.
Agenda Item: Second Reading - Consider authorizing the City Manager to enter into a Development
Agreement with Texas Grand Ranch, LLC, for the development of approximately 1,186 acres of land to
be known as Texas Grand Ranch III, located south of the city limits in the city's extra territorial
jurisdiction (ETJ).
Initiating Department/Presenter: Development Services
Presenter:
Kevin Byal, Director of Development Services
Recommended Motion: Move to authorize the City Manager to enter into a Development Agreement
with Texas Grand Ranch, LLC, for the development of approximately 1,186 acres of land to be known as
Texas Grand Ranch III, located south of the city limits in the city’s extra-territorial jurisdiction (ETJ).
Strategic Initiative: Goal #4, Infrastructure - Ensure the quality of the City utilities, transportation and
physical structures so that the City’s core services can be provided in an effective and efficient manner.
Discussion: Texas Grand Ranch is a low density, master planned, residential development located south
of the city limits in the city’s extra territorial jurisdiction (ETJ). The existing development is comprised of
approximately 4,528 acres and contains 1,903 platted lots of 2 to 5 acres each.
This agreement applies to the next phase of the development, to be known as Texas Grand Ranch III or
TGR III. The additional land area covers approximately 1,186 acres, of which 1,057 acres will be
developed as a single-family residential subdivision with detention areas and parks maintained
exclusively by the future TGR III property owners’ association. The remaining +/- 129 acres will be
developed at a later date, with approximately 80 acres of future mixed use/commercial, 17 acres for a
school site and 30 acres for a private athletic complex. These items are not covered in this agreement.
The agreement provides for non-annexation of the single family residential portion of TGR III for 20
years, but does ensure their cooperation in the annexation of the mixed use/commercial development if
the City chooses to do so. In addition, the agreement includes that the developer pay the City the
standard development fees, less a $100,000 carryover from the TGR II development. TGRII paid this
amount to the City for removing several lots from the City's water provision district; however, the City
instead serves the lots in question, thereby negating the reason for the payment to the City.
Texas Grand Ranch LLC will be responsible for complying with the City’s development codes and
standards as modified by this agreement, as well as construction of certain utility facilities to serve TGR
III, which the owner has agreed to construct. The modifications to the Development Code in this
agreement are the same as those approved for the development of TGR II and include modifications to
lot and block geometry, street lights only at intersections, nature trail easements in lieu of sidewalks,
reduction in pavement width by 2', on-site septic systems, overhead or underground utilities, and
modified fire hydrant spaciing. These modifications are detailed in Exhibit D of the agreement. This
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agreement provides assurances of a high-quality development that will benefit the present and future
residents of the City and the City’s extraterritorial jurisdiction.
For the past several months, staff has been negotiating this agreement with the developer and have
reached a mutual agreement concerning the content. The purpose of this agenda item is to authorize
the City Manager to enter into a Development Agreement with Texas Grand Ranch, LLC, for the
development of approximately 1,186 acres of land to be known as Texas Grand Ranch III, a single-family
master planned community.
Previous Council Action:
April 25, 2017, the Council authorized the City Manager to sign a Development Agreement with
1 Texas Grand Ranch LLC.
December 19, 2017, the Council authorized the City Manager to sign an amendment to the
Development Agreement with 1 Texas Grand Ranch LLC.
November 20, 2018, Council authorized the City Manager to sign Amendment No. 2 to the
Development Agreement between the City of Huntsville and 1 Texas Grand Ranch LLC.
June 21, 2022, Council conducted the first reading of the agenda item to consider authorizing
the City Manager to enter into a Development Agreement with Texas Grand Ranch, LLC, for
the development of approximately 1,186 acres of land to be known as Texas Grand Ranch
III.
Financial Implications: There is no financial impact associated with this item.
Approvals:
Kevin Byal
Leonard Schneider
Rick Rudometkin
Aron Kulhavy
Kristy Doll
Associated Information:
1.Development agreement (Final)
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DEVELOPMENT AGREEMENT FOR TEXAS GRAND RANCH III
STATE OF TEXAS §
COUNTY OF WALKER §
This Development Agreement (this “Agreement”) dated ____________ (the
“Effective Date”) is between the City of Huntsville, Texas, a Texas home rule city
(the “City”), and I Texas Grand Ranch, LLC, a Texas limited liability company
(“Owner”). In this Agreement, the City and Owner and Owner’s successors and
assigns are sometimes individually referred to as a “Party” and collectively referred
to as the “Parties”.
R E C I T A L S:
Owner owns approximately 1,186 acres of land in Section III of the
development commonly known as Texas Grand Ranch II (the “Land”). Of the 1,186
acres, there are 1,186 acres located wholly within the extraterritorial jurisdiction
(“ETJ”) of the City. The Land is more fully described on the attached Exhibit A.
In this Agreement, the Land, as it will be developed, is sometimes referred
to as Texas Grand Ranch III or “TGR III.” Owner and the City intend that
approximately 1057 acres of the 1186 acres of Land to be developed as a single
family residential project with detention areas and parks maintained exclusively by
the future TGR III property owners’ association which will benefit and serve the
residents of TGR III pursuant to the TRG III covenants, conditions and restrictions
and the development regulations contained in this Agreement.
There is approximately 128 acres of land to be developed at a later date subject to
the rules in effect at the time of application, with approximately 80.4 acres of future
mixed use/commercial, 17.6 acres for a school site and 30.49 acres of a private
athletic complex, not covered in this agreement.
The City has chosen not to participate in the construction of certain utility
facilities to serve TGR III with City Services as more particularly described on Exhibit
B attached hereto (the “City Infrastructure Facilities”), which the Owner has
agreed to construct.
Owner and the City wish to enter into this Agreement to provide for (i) the
construction of the City Infrastructure Facilities, (ii) the orderly annexation of
TGRIII, (iii) an alternative to the City’s typical regulatory process for development,
(iv) certainty of regulatory requirements throughout the term of this Agreement,
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and (v) assurances of a high-quality development that will benefit the present and
future residents of the City, the City’s extraterritorial jurisdiction, and the County
of Walker.
Therefore, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, including the agreements set forth below, the
City and Owner agree as follows:
ARTICLE I
DEFINITIONS
“Agreement” means this Development Agreement between the City and
Owner.
“Applicable Rules” means the City Rules in effect as of the Vesting Date,
which will be applicable to the development, use, and operation of the Land.
“City” means the City of Huntsville, Texas, a Texas home rule city.
“City Manager” means the city manager of the City.
“City Council” means the city council of the City.
“City Engineer” means the engineer for the City.
“City Rules” means the City’s ordinances, regulations, and official policies.
“Conceptual Plan” means the conceptual plan of TGR III attached as
Exhibit C, as it may be amended from time to time in accordance with this
Agreement.
“County” means Walker County, Texas.
“Owner” means I Texas Grand Ranch LLC, its successors and assigns.
“Effective Date” means the date on which the City Council first authorizes
the City Manager to sign this Agreement.
“Initial Term” means the term of this Agreement, commencing on the
Effective Date and continuing for 20 years thereafter.
“Land” means approximately 1,186 acres of land in Walker County, more
fully described on the attached Exhibit A.
“Lender” has the meaning set forth in Section 5.5.
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“Master Plan” means the Comprehensive Plan of the City initially adopted
on April 10, 2007, as amended and updated by the City on September 7, 2021.
“Planning Commission” means the planning and zoning commission of the
City.
“TGR III” means the Land, as it will be developed in several sections or phases
under this Agreement.
“TGR III Approvals” means the approvals, variances, waivers, and exceptions
to the Applicable Rules approved by the City with respect to the development of
the Land, as set forth on the attached Exhibit D.
“TCEQ” means the Texas Commission on Environmental Quality, or its
successor entity.
“Term” means the Initial Term of this Agreement as provided in Section 4.1
below.
“Vesting Date” means the Effective Date of this Agreement.
ARTICLE II
PUBLIC BENEFITS AND CITY INFRASTRUCTURE FACILITIES
Orderly Growth. The City desires that development within its extraterritorial
jurisdiction occur in an orderly manner in order to protect the health, safety, and
welfare of its present and future citizens, protect property values, and provide for
the growth of the City’s tax base. This Agreement will benefit the City by facilitating
the development of a master-planned project within an appropriate area of the
City’s extraterritorial jurisdiction, which will allow for thoughtful and high-quality
planning, the development of necessary roadways, drainage and utility facilities,
the provision of required fire protection services, and the development of a
residential project.
Economic Growth. The development of TGR III will benefit the City by
providing housing for new employers, expanded job markets, and future
commercial areas for the residents of the City and its extraterritorial jurisdiction,
furthering the development of an expanded tax base and making increased services
and housing options available to residents of the City and its extraterritorial
jurisdiction.
City Infrastructure Facilities. City infrastructure within TGR III will be
provided solely at the expense of Owner and in accordance with the approved
Agreement to Construct Public Improvements. All off-site utilities to provide City
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services to the subdivision will be provided solely at the expense of Owner. The City
of Huntsville acknowledges that there is service capacity available for the
development and the City agrees that the developer may tie utilities in to the
existing infrastructure of the City in accordance with City rules and regulations.
ARTICLE III
PROPERTY DEVELOPMENT
3.1 Governing Regulations. Except as otherwise provided in this
Agreement, the Applicable Rules during the term of this Agreement will be those
City Rules in force and as interpreted by the City by policy or practice on the Vesting
Date. No City Rules adopted after the Vesting Date, whether by means of an
ordinance, initiative, referendum, resolution, policy, order, or otherwise, are or will
be applicable to TGR III, unless otherwise provided in this Agreement or by
applicable state law, or the application is agreed to, in writing, by Owner and the
City. For the Term of this Agreement, the development and use of the Land will be
controlled by the terms of this Agreement, the TGR III Approvals, and the Applicable
Rules. If there is any conflict between the Applicable Rules and the terms of this
Agreement, the terms of this Agreement will control.
3.2 TGRIII Approvals and Entitlements.
(a) TGR III Approvals. The City confirms that the TGR III Approvals
set forth in Exhibit D have been approved by the City Council and are granted by
the City with respect to the development of the Land.
(b) Conceptual Plan. The City approves the Conceptual Plan
attached as Exhibit C and confirms that it complies with the City’s Master
Plan. The City agrees that TGR III may be developed and used for single
family residential purposes, save and except the reserve tracts of
approximately 128 acres of land to be developed at a later date subject to
the rules in effect at the time of application, with approximately 80 acres of
commercial, 17 acres for a school site and 31 acres of a private athletic
complex/commercial, not covered in this agreement and may not be
developed or use for any other purpose unless agreed to by the City.
(c) Development Restrictions. The following restrictions shall apply
to the residential portions of TGR III and not to any reserves as shown on the
approved conceptual plan.
1. No manufactured or mobile homes shall be allowed on the
property.
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2. Each residential structure must contain a minimum of 2000
square feet.
3. All lots must be developed in accordance with the
Neighborhood Conservation Development District of the City as it exists on the date
of this Agreement.
4. Subject to the TGR III covenants, conditions and restrictions,
each single family residential property may have a guest house, horse barn, and
other appurtenant rural structures.
3.3 Standards and Timing of Review; Appeal. The City acknowledges that
efficient City reviews are necessary for the effective implementation of Owner’s
development program. Therefore, the City agrees that it will comply with all
statutory and internal City time frames for development reviews.
3.4 Amendments. Due to the fact that TGR III comprises a significant land
area, its development may occur in phases over a number of years. Modifications
to the Conceptual Plan may become desirable due to changes in market conditions
or other factors and are subject to approval under the terms of Section 4.1(d).
3.5 Development Fees and Charges. The Parties agree that only the
standard City fees charged to all other development projects in the City will be
charged to development of TGR III in the City and the City’s ETJ. Per Section 3.5 of
the Development Agreement dated April 26, 2017 ,the parties agree the Developer
has an unused $100,000 carryover from the TRG II Development Agreement that
can be applied to the TGR III development fees.
3.6 Term of Approvals. The Conceptual Plan, the TGR III Approvals, any
preliminary subdivision plat or final subdivision plat approved pursuant to this
Agreement, and any site development permit approved pursuant to this
Agreement will be effective for the term of this Agreement.
3.7 Covenant not to annex. In consideration of Owner’s agreements set
out herein, City agrees that it will not annex all or any portion of the Residential
Lands during the initial Term unless the Owner or landowner submit a voluntary
petition for annexation. The Developer agrees to cooperate with the City for the
annexation of the mixed use/commercial areas should the City request it. After the
end of the Term, the City may (but is not obligated to) annex all or any portion of
the Residential Lands in the City’s sole discretion, in accordance with applicable
laws, regulations and ordinances.
3.8 Applicable residential ETJ rates. City agree that at all times during the
Term, the rates and charges for utility service consumed by owners and builders of
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residential homes within TGR III shall be the same rates and charges applied to
other residential consumers served in the ETJ by the City of Huntsville.
ARTICLE IV
TERM, AUTHORITY, AND VESTING OF RIGHTS
4.1 Term.
(a) Initial Term. The Initial Term of this Agreement will commence
on the Effective Date and continue for 20 years thereafter, unless sooner
terminated under this Agreement.
(b) Extensions. After the Initial Term, the Agreement may be
extended for up to two successive 15-year periods upon mutual written agreement
by both parties.
(c) Expiration. After the Initial Term and any extension, this
Agreement will be of no further force and effect.
(d) Termination or Amendment. This Agreement may be
terminated or amended as to all of the Land at any time by mutual written consent
of the City and Owner or may be terminated or amended only as to a portion of the
Land by the mutual written consent of the City, Owner (as long as Owner remains
as an owner of any portion of the land) and the owners of only the portion of the
Land affected by the amendment or termination.
4.2 Authority. This Agreement is entered into, in part, under the statutory
authority of Section 212.172 of the Local Government Code. The parties intend
that this Agreement provide for the annexation of the Land into the City; authorize
certain land uses and development on the Land (both before and after annexation
of the Land); provide exceptions to certain ordinances; and provide other terms
and consideration, including the continuation of land uses and zoning upon
annexation of the Land into the City.
4.3 Vesting of Rights. This Agreement shall constitute the first application
in a series of applications for the purpose of vesting as contemplated in Chapter
245 of the Texas Local Government Code. The City agrees that, in accordance with
Chapter 245, Local Government Code, the City will consider the approval of any
further approvals necessary for TGR III based solely on the Applicable Rules, as
modified by the TGRIII approvals and this Agreement. Further, the City agrees that,
upon approval of this Agreement, Owner has vested authority to develop the Land
in accordance with the Applicable Rules, as modified by any exceptions contained
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in the TGR III Approvals and this Agreement. The Parties agree that 245.004
exemptions apply.
4.4 Equivalent Substitute Obligation. If either Party is unable to meet an
obligation under this Agreement due to a court order invalidating all or a portion
of this Agreement, preemptive state or federal law, an imminent and bona fide
threat to public safety that prevents performance or requires different
performance, changed circumstances or subsequent conditions that would legally
excuse performance under this Agreement, or any other reason beyond the Party’s
reasonable and practical control, the Parties will cooperate to revise this
Agreement to provide for an equivalent substitute right or obligation as similar in
terms to the illegal, invalid, or unenforceable provision as is possible and is legal,
valid, and enforceable, or other additional or modified rights or obligations that will
most nearly preserve each Party’s overall contractual benefit under this
Agreement. The City agrees to adopt any subsequent ordinances, variances, or
other approvals that may be necessary to implement this Section.
4.5 Cooperation.
(a) The City and Owner each agree to execute such further documents or
instruments as may be necessary to evidence their agreements hereunder.
(b) The City has a CCN serving a portion of TGR III. The City and Owner agree
to cooperate on any CCN amendments or filings to PUC or other regulatory
authority to allow the City to provide water to all of TGR III, including the residential
and mixed/ commercial use.
4.6 Litigation. In the event of any third-party lawsuit or other claim
relating to the validity of this Agreement, Owner and the City agree to cooperate
in the defense of such suit or claim, and to use their respective best efforts to
resolve the suit or claim without diminution of their respective rights and
obligations under this Agreement. The filing of any third-party lawsuit relating to
this Agreement or the development of TGR III will not delay, stop, or otherwise
affect the development of TGR III or the City’s processing or issuance of any
approvals for TGR III, unless otherwise required by a court of competent
jurisdiction.
4.7 Future Annexation. Owner and all subsequent owners of property
within TGR III understand that their property may be subject to annexation by City
upon the terms and conditions set forth in this Agreement.
ARTICLE V
GENERAL PROVISIONS
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5.1 Assignment; Binding Effect.
(a) This Agreement, and the rights and obligations of Owner
hereunder, shall be assigned by Owner to a subsequent purchaser or purchasers of
all of the undeveloped property within TGR III provided that the assignee assumes
all of the obligations that are assigned. Any assignment must be in writing,
specifically describe the property in question, set forth the assigned rights and
obligations, and be executed by the proposed assignee. A copy of the assignment
document must be delivered to the City. Upon any such assignment, Owner will be
released of any further obligations under this Agreement as to the property sold
and obligations assigned and such assignee will be subject to all obligations under
this Agreement and will be entitled to all of the rights and benefits of this
Agreement with regard to such property acquired.
(b) The provisions of this Agreement will be binding upon, and inure
to the benefit of the parties, and their respective successors and assigns. This
Agreement will not, however, be binding upon, or create any encumbrance to title
as to, any ultimate consumer who purchases a fully developed and improved lot
within TGR III, except for land use and development regulations that may apply to
that lot under the terms of this Agreement.
5.2 Severability. If any provision of this Agreement is illegal, invalid, or
unenforceable, under present or future laws, it is the intention of the parties that
the remainder of this Agreement not be affected, and, in lieu of each illegal, invalid,
or unenforceable provision, that a provision be added to this Agreement which is
legal, valid, and enforceable and is as similar in terms to the illegal, invalid, or
enforceable provision as is possible.
5.3 Applicable Law and Venue. The interpretation, performance,
enforcement, and validity of this Agreement is governed by the laws of the State of
Texas. Venue will be in a court of appropriate jurisdiction in Walker County, Texas.
5.4 No Third-Party Beneficiary. This Agreement is not intended, nor will it
be construed, to create any third-party beneficiary rights in any person or entity
who is not a Party, unless expressly otherwise provided.
5.5 Mortgagee Protection. This Agreement will not affect the right of
Owner to encumber all or any portion of the Land by one or more mortgages, deeds
of trust or other instruments to secure financing for all or portions of TGR III. The
City understands that each lender providing financing for TGR III (a “Lender”) may
require interpretations of or modifications to this Agreement and agrees to
cooperate with Owner and its Lender’s representatives in connection with any
requests for interpretations or modifications. The City agrees not to withhold or
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delay unreasonably its approval of any requested interpretation or modification if
the interpretation or modification if consistent with the intent and purposes of this
Agreement. The City agrees as follows:
(a) Neither entering into this Agreement, nor any breach of this
Agreement, will affect any lien upon all or any portion of the Land, except as to any
infrastructure and easements dedicated to the City.
(b) The City will, upon written request of a Lender given in
compliance with this Agreement, provide the Lender with a copy of any written
notice of default given to Owner under this Agreement within ten days of the date
such notice is given to Owner.
(c) In the event of default by Owner under this Agreement, a
Lender may, but will not be obligated to, cure any default during any cure period
extended to Owner, either under this Agreement or under the notice of default.
(d) Any Lender who comes into possession of any portion of the
Land by foreclosure or deed in lieu of foreclosure will take such property subject to
the terms of this Agreement. No Lender will be liable for any defaults or monetary
obligations of Owner arising prior to the Lender’s acquisition of title, but a Lender
will not be entitled to obtain any permits or approvals with respect to that property
until all delinquent fees and other obligations of Owner under this Agreement that
relate to the property in question have been paid or performed.
5.6 Certificate of Compliance. Within 25 days of written request by either
Party given accordance with this Agreement, the other Party will execute and
deliver to the requesting Party a statement certifying that: (a) this Agreement is
unmodified and in full force and effect or, if there have been modifications, that
this Agreement is in full force and effect as modified and stating the date and
nature of each modification; (b) there are no current uncured defaults under this
Agreement, or specifying the date and nature of each default; and (c) any other
information that may be reasonably requested. A Party’s failure to deliver a
requested certification within this 25-day period will conclusively be deemed to
constitute a confirmation that this Agreement is in full force without modification,
and that there are no uncured defaults on the part of the requesting Party. The
City Manager will be authorized to execute any requested certificate on behalf of
the City.
5.7 Default. If either Party defaults in its obligations under this
Agreement, the other Party must, prior to exercising a remedy available to that
Party due to the default, give written notice to the defaulting Party, specifying the
nature of the alleged default and the manner in which it can be satisfactorily cured,
Page 17 of 83
and extend to the defaulting Party at least 30 days from receipt of the notice to
cure the default. If the nature of the default is such that it cannot reasonably be
cured within the 30-day period, the commencement of the cure within the 30-day
period and the diligent prosecution of the cure to completion will be deemed a cure
within the cure period.
5.8 Remedies for Default. If either Party defaults under this Agreement
and fails to cure the default within the applicable cure period, the non-defaulting
Party will have all rights and remedies available under this Agreement or applicable
law, including the right to institute legal action to cure any default, to enjoin any
threatened or attempted violation of this Agreement or to enforce the defaulting
Party’s obligations under this Agreement by specific performance or writ of
mandamus, or to terminate this Agreement. All remedies available to a Party will
be cumulative and the pursuit of one remedy will not constitute an election of
remedies or a waiver of the right to pursue any other available remedy.
5.9 Reservation of Rights. To the extent not inconsistent with this
Agreement, each Party reserves all rights, privileges, and immunities under
applicable laws.
5.10 Attorneys’ Fees. If either Party commences an action against the other
to enforce any of the terms of this Agreement or because of the breach by either
Party of any of the terms of this Agreement, the losing or defaulting Party shall pay
to the prevailing Party the costs and expenses incurred in connection with the
prosecution or defense of such action, including, without limitation, consultants’,
experts’, and accountants’ fees and reasonable attorneys’ fees, or as otherwise
determined by any serving arbitrator(s), judge or jury. The term “prevailing Party”
means the Party that establishes a breach of this Agreement by the other Party or
otherwise establishes liability of the other Party for wrongful conduct, regardless
of whether actual damages are awarded. In the case where both Parties prevail on
different claims, the prevailing Party shall be the Party that is awarded the greater
amount of damages.
5.11 Notwithstanding any other provisions of this Agreement to the
contrary, in no event shall Owner or City be liable to each other for any indirect,
special, incidental or consequential loss or damage including, but not limited to,
loss of profits or revenue, loss of opportunity or use incurred by either Party to
the other, or like items of loss or damage; and each Party hereby releases the
other Party therefrom.
5.12 Waiver. Any failure by a Party to insist upon strict performance by the
other Party of any provision of this Agreement will not, regardless of the length of
time during which that failure continues, be deemed a waiver of that Party’s right
Page 18 of 83
to insist upon strict compliance with all terms of this Agreement. In order to be
effective as to a Party, any waiver of default under this Agreement must be in
writing, and a written waiver will only be effective as to the specific default and as
to the specific period of time set forth in the written waiver. A written waiver will
not constitute a waiver of any subsequent default, or of the right to require
performance of the same or any other provision of this Agreement in the future.
5.13 Entire Agreement. This Agreement contains the entire agreement of
the Parties, and there are no other agreements or promises, oral or written,
between the parties regarding the subject matter of this Agreement. This
Agreement may be amended only by written agreement signed by the Parties.
5.14 Exhibits, Headings, Construction, and Counterparts. All exhibits
attached to this Agreement are incorporated into and made a part of this
Agreement for all purposes. The paragraph headings contained in this Agreement
are for convenience only and do not enlarge or limit the scope or meaning of the
paragraphs. Wherever appropriate, words of the masculine gender may include
the feminine or neuter, and the singular may include the plural, and vice-versa.
Each of the Parties has been actively and equally involved in the negotiation of this
Agreement. Accordingly, the rule of construction that any ambiguities are to be
resolved against the drafting Party will not be employed in interpreting this
Agreement or its exhibits. This Agreement may be executed in any number of
counterparts, each of which will be deemed to be an original, and all of which will
together constitute the same instrument. This Agreement will become effective
only when one or more counterparts, individually or taken together, bear the
signatures of all of the Parties.
5.15 Time. Time is of the essence of this Agreement. In computing the
number of days for purposes of this Agreement, all days will be counted, including
Saturdays, Sundays, and legal holidays; however, if the final day of any time period
falls on a Saturday, Sunday, or legal holiday, then the final day will be deemed to
be the next day that is not a Saturday, Sunday, or legal holiday.
5.16 Authority for Execution. The City certifies, represents, and warrants
that the execution of this Agreement has been duly authorized and that this
Agreement has been approved in conformity with City ordinances and other
applicable legal requirements. Owner certifies, represents, and warrants that the
execution of this Agreement is duly authorized in conformity with its partnership
agreement.
5.17 Notices. Any notices under this Agreement may be sent by hand
delivery, facsimile (with confirmation of delivery), or certified mail, return receipt
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requested, to the parties at the following addresses or as such addresses may be
changed from time to time by written notice to the other parties:
City: City of Huntsville
Attn: City Manager
1212 Avenue M
Huntsville, Texas 77340
Email:citymanager@huntsvilletx.gov
Copy to: Leonard Schneider
Liles Parker PLLC
2261 Northpark Drive, Suite 445
Kingwood, Texas 77339
Facsimile: (713) 456-2079
Email:lschneider@lilesparker.com
Owner: I Texas Grand Ranch, LLC
1015 A SH 150 West
New Waverly, Texas 77358
936-235-2038
Copy to: Renee Howes, Authorized Agent
P O Box 261
Skull Valley, Arizona 86338
928-713-1841
Email: rhowesconsulting@gmail.com
Copy to: Larry Foerster
414 West Phillips, Suite 100
Conroe, Texas 77301
936-756-3337
Facsimile: 936-756-2606
Email: foerster@dfcllp.com
Either City or Owner may change its mailing address at any time by giving
written notice of such change to the other in the manner provided herein at least
ten days prior to the date such change is affected. In the event that this Agreement
is partially assigned to and assumed by the purchaser of a portion of TGR III, such
new owner may give written notice to the Parties hereunder in accordance with
this Section 5.16 of such new owner’s address for notices hereunder and such
address will be used for notices under this Agreement for such new owner. All
notices under this Agreement will be deemed given on the earlier of the date
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personal delivery is effected or on the delivery date or attempted delivery date
shown on the return receipt or facsimile confirmation.
5.18 Exhibits. The following exhibits are attached to this Agreement and
made a part hereof for all purposes:
Exhibit A Property Description
Exhibit B City Infrastructure Facilities
Exhibit C Conceptual Plan
Exhibit D TGR III Approvals
Exhibit E Walking Trail Concept
* * *
[signature page follows]
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on
the dates indicated below, to be effective on the date the last Party signs.
CITY OF HUNTSVILLE
By:
Name:
Title:
Date:
STATE OF TEXAS §
COUNTY OF WALKER §
This instrument was acknowledged before me on the ______ day of
_________, 2022, by _____________________, the _______________ of the City
of Huntsville, a home-rule city, on behalf of the city.
Notary Public, State of Texas
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I TEXAS GRAND RANCH, LLC, a Texas
limited company
By:
Michael S. Patten, President
Date:
STATE OF __________________§
COUNTY OF ________________ §
This instrument was acknowledged before me on the ____ day of
__________, 2022, by MICHAEL S. PATTEN, President of I Texas Grand Ranch, LLC,
a Texas limited company, and who represents he has been given authority to sign
this Agreement by and on behalf of said entity.
Notary Public, State of _________________
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EXHIBIT A
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EXHIBIT B
City Infrastructure Facilities
• Water System A. The City will be the provider of water for TGR III.
B. The Development Agreement dated April 26, 2017 and signed by both parties
required the Developer to design and construct the off-site waterline extension and on-site water distribution lines. The Developer has obtained engineering plan approvals for the waterline extension and obtained the Public Improvement Permit PRPI20212586 for Project Number pd#2016-04-01, dated November
01, 2021 per the attached Exhibit B-1
C. TGR has bonded for the waterline improvements in the amount of $4,024,090.03, Bond # 0798304.
D. TGR has ordered the pipe for the onsite and offsite portion of the water system
per the approved plans, with delivery of the materials expected in February 2022, with construction to commence thereafter. The construction of the offsite portion of the waterline is currently underway with completion expected by October 2022. The remainder of the line from the I-45 service road to TGR II Section 13 which will complete the loop to Elkins is expected to start in
August 2022 and be completed by December 2022. E. The Developer and the City have previously agreed the approved Engineering plans for the 12 inch line are sufficient to serve both TGR II and TGR III.
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EXHIBIT B-1
Approved Water Extension / Loop
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OFF
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PROPOSED WATER LINE ROUTE
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Exhibit B-1
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EXHIBIT C Conceptual Plan
The Conceptual Plan consists of the permissible uses in TGR III together with diagram attached
hereto. Subject to the Prohibited Uses specified below, the following are the permissible uses within TGR III:
1. Single Family. Those areas identified as Single Family may be used for any single family purpose that is not a Prohibited Use. Single Family purpose is limited to, single family
homes and their accessory uses as permitted in the recorded TGR III covenants, conditions
and restrictions.
There is approximately 128 acres of land to be developed at a later date subject to the rules in effect at the time of application, with approximately 80 acres of commercial, 17 acres for a school site and 31 acres of a private athletic complex, not covered in this agreement and may not be
developed or use for any other purpose unless agreed to by the City.
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PRO
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PROP INDOORBATTING CAGES
PROP PARKING LOT52 SPACE
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PROP PLAYGROUNDFOOTB
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200'
200'200'Spear Point EngineeringSpear Point EngineeringTBPE Firm No. 18904604 W. Worsham St., Suite 100Willis, TX 77378936-256-2626SCALE: 1" = 400200 400'0Page 30 of 83
EXHIBIT D TGR III Approvals
• Lot Geometry: Section 5.700 Measurements
o Allow for lot depth up to 4 times the lot width except for any flag lots
• Roadway Geometry Section: 10.405 Blocks; 10.406 Cul-de-Sacs o Allow for block lengths in excess of 1200’ o Allow for cul-de-sacs in excess of 1000’ provided 15 or fewer lots are served
• Street Lights: Section 10.1000 Street Lights
o Provide approved lighting at all street intersections
• Wastewater Systems: Section 10.700 Wastewater o Allow for the installation of approved alternative sewage treatment facilities on-site for each individual lot
• Utilities: Section 10.1300 Utilities
o Utilities may be located underground or overhead
• Sidewalks: Section 10.504 Design; 10.901 Land Dedication
o There will be no sidewalks constructed adjacent to roadways. There will be
dedication of thirty+/- (30) miles of unsurfaced nature trail easements located in the easements adjacent to the roadway easement. This NTE is private and is dedicated only to the property owners and will not be required to meet handicap or public standards.
o There will be an additional 3.5 miles of designated walking areas located in and
around dedicated Reserves, Detention Ponds, & Recreational Areas. These walking areas are private and are specific for use by the property owners and will not be required to meet handicap or public standards.
• Streets: Section 10.400 Streets
o Must dedicate a minimum 60’ ROW
o Driving surface must be 2” asphalt on stabilized base in accordance with adopted City Standards o Paved surface must be a minimum of 26’ in width with 2’ shoulders
• Water: Section 10.600 Water
o Fire Hydrant spacing at a maximum of 1,000’ separation. o Individual private wells will not be allowed without the express written consent of the City.
• Development Standards: Subject to the variances, waivers, and exceptions set out in this Exhibit D, all the above improvements shall be the same approved design standards and materials for roads and water, testing requirements and frequency, and other associated infrastructures as contained in the City’s rules and regulations in place at the effective date of this Agreement.
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EXHIBIT E
Walking Trails and Park Areas
The walking trails and park areas as depicted on the following maps must meet the following
minimum standards:
•Off-street parking must be provided at each of the designated parks in accordance with
City codes as of the effective date.
•Dedicated access to each of the parks from a public street.
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PRO
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PROP
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PROP INDOORBATTING CAGES
PROP PARKING LOT52 SPACE
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'200'Spear Point EngineeringSpear Point EngineeringTBPE Firm No. 18904604 W. Worsham St., Suite 100Willis, TX 77378936-256-2626SCALE: 1" = 10050 100'0Page 33 of 83
S P E
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S P E
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PROP INDOORBATTING CAGESPROP PARKING LOT52 SPACES P E
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S P E
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S P E
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S P E
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S P E
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CITY COUNCIL AGENDA
7/5/2022
Agenda Item Number: 1.c.
Agenda Item: Consider authorizing the City Manager to enter into a contract with Inland
Environmental, Ltd. to provide demolition services for the abatement of substandard structures.
Initiating Department/Presenter: Development Services
Presenter:
Kevin Byal, Director of Development Services
Recommended Motion: Move to authorize the City Manager to enter into a contract with Inland
Environmental, Ltd to provide demolition services for the abatement of substandard structures.
Strategic Initiative: Goal #1, City Appearance - Provide policies, amenities, and events that enhance the
City’s already beautiful and historic natural environment.
Discussion: Dilapidated and substandard structures not only pose a risk to the public’s health and
safety, but they also have a negative effect on the surrounding property values and invite criminal
activity.
Each budget cycle Council has adopted a budget that includes $40,000 to secure the services of
demolition contractors for the removal of dilapidated or substandard structures. This program is largely
a voluntary process where the property owner gives consent to the city to remove these structures at
no cost to the property owner. Annually, the City has been able to demolish 10 to 20 structures
depending on the size and quantity of debris with the $40,000 allocation.
Although staff does not anticipate spending over $50,000 on demolition services, the dollar amount
required for Council approval, staff wants to be proactively positioned to abate additional substandard
structures in the event that additional funds become available, or if emergency demolitions arise
causing the expense to exceed $50,000.
Notices of Invitation for Bid (IFB) were published in the Huntsville Item on Saturday June 4 and June 11
and the bid opening was conducted on June 23, 2022 at 2:00 PM at City Hall. Staff received responses to
the IFB from 8 companies. The bids for the sample projects ranged from the low bid of $14,020 to
$98,286 for the high bid.
Please note that the structure at 300 Gosplel Hill Rd has been removed from the list as it came under
new ownership after the IFB was initiated and the new owner has intentions of rehabbing the structure.
Staff recommends awarding the contract to the low bidder, Inland Environmental, Ltd.
Previous Council Action: There has been no previous action.
Page 41 of 83
Financial Implications: Item is budgeted. In the amount of: $40,000
Approvals:
Kevin Byal
Leonard Schneider
Rick Rudometkin
Aron Kulhavy
Kristy Doll
Associated Information:
1.IFB 22-24 Structure Demolition Service
2.Demolition Contract_Inland Environmental
3.Bid Tab - Bid NO. 22-24 Structure Demolition Revised
Page 42 of 83
Bid # 22-24 Page 1 of 27 Firm Name:____________________________ Initials:________
Table of Contents
Tentative Schedule of Events ......................................................................................................................... 2
Introduction ..................................................................................................................................................... 2
General Instructions ........................................................................................................................................ 2
Bid Submittals ............................................................................................................................................ 3
Information ................................................................................................................................................. 3
Award ......................................................................................................................................................... 3
Terms of Contract ....................................................................................................................................... 3
Termination of Contract ............................................................................................................................. 3
Special Terms & Conditions ....................................................................................................................... 3
Preparation of Bid ....................................................................................................................................... 4
Written Modification .................................................................................................................................. 4
Qualification of Responders ....................................................................................................................... 4
Addenda & Interpretations ......................................................................................................................... 4
Laws and Regulations ................................................................................................................................. 5
Obligation of Responder ............................................................................................................................. 5
Bid Tabulation ............................................................................................................................................ 5
Minimum Standards ........................................................................................................................................ 5
Pricing ......................................................................................................................................................... 5
Contractor Responsibilities ......................................................................................................................... 5
City of Huntsville Responsibilities ............................................................................................................. 6
Award Table ................................................................................................................................................... 6
Price Table .................................................................................................................................................. 6
Safety Standards & Accident Prevention .................................................................................................... 8
Insurance Requirements .................................................................................................................................. 8
Required Forms .............................................................................................................................................. 9
Conflict of Interest ...................................................................................................................................... 9
Title Bid Number Closing Date Issued Date
Invitation for Bid – Structure
Demolition Service
22-24 June 23, 2022 at 2:00 p.m.
Central Time
June 3, 2022
City of Huntsville 1212 Ave M Huntsville, Texas 77340 Christina Bodin-Turner, Purchasing Agent Phone: 936-291-5917 Email: cbodinturner@huntsvilletx.gov
Page 43 of 83
Bid # 22-24 Page 2 of 27 Firm Name:____________________________ Initials:________
Certificate of Interested Parties Form 1295 .............................................................................................. 11
Israel Verification Form ........................................................................................................................... 13
Iran, Sudan and Foreign Terrorist Organizations Verification Form ....................................................... 14
Firearm Verification Form ........................................................................................................................ 15
Prohibition of Contracts Discriminating Against Energy, & Energy Company Boycott Verification Form .......................................................................................................................................................... 16
Critical Infrastructure Verification Form .................................................................................................. 17
Texas Public Information Act Verification Form ..................................................................................... 18
References ................................................................................................................................................. 19
Non-Collusion Affidavit ........................................................................................................................... 20
Bid Term & Conditions ................................................................................................................................ 21
No-Bid Statement ......................................................................................................................................... 26
Responders Information ................................................................................................................................ 27
Tentative Schedule of Events
1. June 3, 2022 – Bid Release
2. June 10, 2022 – All questions due to Purchasing Agent 3. June 23, 2022 – 2:00 PM Bid Close 4. July 2022 – Award Preparation
Introduction
The City of Huntsville is accepting bids for a structure demolition and/or rehabilitation services to include yard debris in accordance with Local Government Code Chapter 252. The City of Huntsville is aware of the time and effort you expend in preparing and submitting bids and bids
to the City. Please let us know of any requirements which are causing you difficulty in responding to our
requests. We want to make the process as easy and painless as possible so that all responsible vendors can compete for the City's business.
General Instructions
Bid packets must be delivered to the City of Huntsville Purchasing Agent’s office, 1212 Avenue M,
Huntsville, TX 77340. Bid Packets must be received by: June 23, 2022 2:00 p.m. Central Time
It is the sole responsibility of responder to have packet at designated location prior to the deadline date and
time. Responses received after June 23, 2022, 2:00 P.M. will not be considered for the award of the contract
and shall be considered void and unacceptable. It is the responsibility of the responder to ensure that the bid packet is delivered to the designated location before the deadline. All late packets will be returned to responder unopened when properly marked. Bids may be either mailed to Attention Purchasing Agent, City of Huntsville 1212 Avenue M, Huntsville, TX 77340, or electronically mailed to
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Bid # 22-24 Page 3 of 27 Firm Name:____________________________ Initials:________
cbodinturner@huntsvilletx.gov. It is the sole responsibility of responder to have packet at designated location prior to the deadline date and time.
Bid Submittals
Bidders submitting a response do so entirely at their expense. There is no expressed or implied obligation
by the City of Huntsville to reimburse any individual or firm for any costs incurred in preparing or submitting
a bid, for providing additional information when requested by the City of Huntsville, or for participating in any selection interviews.
Information Details on which commodities and services we purchase or have for sale is available from the Purchasing Department. You may register on the City’s vendor management program at www.huntsvilletx.gov/bids to receive notice of bid opportunities. Additionally, you may register at www.publicpurchase.com. Award The City of Huntsville will award based on best value* meeting the requirements for this service.. The City of Huntsville reserves the right to award to the most responsible and responsive bidder in the best interest
of the City. If the awarded responder is unable to meet the requirements of the City, services/products may
be purchased from the next best available responder and continue until a responder is found that can complete the requirements of the City of Huntsville. If the responder desires the City to consider an all or none response, it must be stated on the price table. The City of Huntsville may award to multiple responders meeting the minimum requirements outlined in this bid. The awarded responders may
be requested to submit pricing for additional projects as they come available. The City of Huntsville does not guarantee any additional projects during the term of this contract. All projects will be assigned as needed at the will of the City of Huntsville. The City of Huntsville reserves the right to award all futures demolition and/or rehabilitation projects based on best value, as outlined in this bid document, #22-24.
*Best Value: An assessment and/or award based on analysis of the total life cycle of the item. Combination criteria which can be used are: price, quality of item, location of responder, safety record of responder, past relationship with responder, and/or any relevant criteria specifically listed.
Terms of Contract
The initial term of this contract shall be from date of award until September 30, 2023. Upon mutual
agreement of the parties and contingent upon City Council approval, the contract may be extended for a
period of two (2) additional one (1) year terms, from October 1, 2024 through September 30, 2025 and October 1, 2025 through September 30, 2026. A renewal contract should be signed by the City prior to expiration of the initial term and any subsequent term.
Termination of Contract The City or the Contractor shall have the right to cancel at any time for any reason on thirty (30) day written notice. The City of Huntsville reserves the right to terminate this agreement if, in the opinion of the City of
Huntsville, the successful vendor’s performance is not acceptable, or if the deliveries and servicing of this
contract do not conform to the requirements detailed herein. If though any cause, the vendor fails to fulfill its obligations, or if the vendor violates any of the agreements of this bid, the City has the right to terminate by giving the successful responder thirty (30) calendar days-written notice. During the thirty-day notification period, the City reserves the right to contact and award to other firms. The vendor will be compensated for
the satisfactorily deliveries performed before the termination date. Contract may be terminated immediately
should there be any illegal or unprofessional activities, alleged or otherwise, occurring or suspected of occurring.
Special Terms & Conditions It is understood that the City of Huntsville, Texas reserves the right to reject any or all products, services and/or qualification for any or all products and/or services covered in this solicitation and to waive
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Bid # 22-24 Page 4 of 27 Firm Name:____________________________ Initials:________
informalities or defects or to accept such qualifications as it shall deem to be in the best interests of the City of Huntsville. If less than three responses are received, the City of Huntsville reserves the right to rebid as
it deems to be in the best interest of the City. Each elected responder will receive a purchase order as prices
quoted. Responders must be able to complete the job within a reasonable time of request for service. Should awarded responder not be able to respond, the City reserves the right to offer service to next available responder. The City of Huntsville reserves the right to make the award of bid line items in whole, parts or to reject any and all bids or bid line items if it is determined to be in the best interest of the City. The Bid
Terms and Conditions reference any and all indemnification language that is required and not stated to the
fullest extent of the law. The City of Huntsville has the sole last and final determination to determine award with no recourse to the fullest extent of the law.
Preparation of Bid Each solicitation must be submitted on the prescribed form. All blank spaces for prices must be filled in, in ink or typewritten and must be fully completed and executed when submitted. If the unit price and the total amount named for an item are not in agreement, the unit price alone will be considered as representing the
responder's intention and the total will be corrected to conform thereto. The responder must sign their
solicitation in the space provided on the responder’s form. If the solicitation is submitted by a partnership or corporation, the name and address of the partnership or corporation must be shown, together with the name and address of the partners or corporate officers. Solicitations submitted by a partnership must be signed by one of the partners. Solicitations submitted by a corporation must be signed by one of the
corporate officials having, under the corporate structure, the power to act in this capacity. Solicitations
submitted by a sole proprietorship must be signed by the proprietor.
Written Modification
Any responder may modify their solicitation by letter, electronic or other written communication at any time prior to the scheduled closing time for receipt, provided such written communication is received by the City prior to the closing time, and provided further, the City is satisfied that the written modification bears the signature of the responder. The written communication should not reveal the solicitation price but should
provide the addition or subtraction or other modification so that the final prices or terms will not be known
by the City until the sealed bid is opened. It is the responsibility of responder to ensure modification was received by the City.
Qualification of Responders
No prequalification of responders is required. Before award of any contract can be approved, however, the City shall be satisfied that the responder involved: (1) maintains a permanent place of business, (2) has adequate plant and equipment to do the work properly and expeditiously, (3) has a suitable financial status to meet obligations incident to the work, (4) has appropriate technical experience, and (5) can submit a
satisfactory performance record.
Addenda & Interpretations
No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any responder orally. Every question or request for interpretation concerning the solicitation shall be directed to the Purchasing Agent, Christina Bodin-Turner, in writing via e-mail at cbodinturner@huntsvilletx.gov or sent via mail
addressed to the Purchasing Department at City Hall, 1212 Avenue M, Huntsville, Texas 77340. All questions or request for interpretation must be received by June 10, 2022 @ 5:00 P.M. as addressed above. All questions or requests for interpretation concerning the solicitation received after June 10, 2022 @ 5:00 P.M. will be considered void and unacceptable.
A written addenda will be issued as a response and will be posted on or before June 15, 2022 @ 5:00 P.M. on the City of Huntsville website, Public Purchase website and Electronic State Business Daily website. All
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Bid # 22-24 Page 5 of 27 Firm Name:____________________________ Initials:________
addenda so issued shall become part of the contract documents, and receipt thereof shall be acknowledged in the space provided in the solicitation document. It is the responsibility of the responder to verify all
addendums and interpretations.
Laws and Regulations
The responder's attention is directed to the fact that all applicable State laws, municipal ordinances, and the
rules and regulations of all authorities having jurisdiction shall apply to the award throughout, and they will be deemed to be included in the bid document the same as though herein written out in full.
Obligation of Responder At the time of the opening of the solicitation each responder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any responder to examine any form, instrument or document shall in no way relieve any responder from any obligation in respect of his bid.
Bid Tabulation
To obtain bid tabulation results, please log on to our website at
http://www.huntsvilletx.gov/business/bids_and_rfps/bid_tabulations/. If you have any other questions,
please contact the Purchasing Agent, Christina Bodin-Turner at (936) 291-5981 or e-mail cbodinturner@huntsvilletx.gov.
Minimum Standards
Pricing
Pricing shall include all costs associated with meeting the minimum standards in this bid and shall
incorporate all related charges. Prices shall exclude State Sales Tax and Federal Excise Tax.
Contractor Responsibilities
Contractor is to provide approved personal protective equipment in accordance with federal, state and local requirements for their crews/staff; Contractor to provide all equipment and all equipment must be well maintained and in safe working
condition meeting all state and federal requirements;
Contractor to coordinate with the City of Huntsville for the disposal of debris at the city’s transfer station or other approved disposal site;
Contractor to complete and file all permits and communicate all actions with the City of Huntsville
Inspections Department; Contractor to be responsible for contacting Texas One Call 811 – Utility Locates;
Contractor will be presumed to have inspected all property sites/locations;
Contractor to coordinate all start dates with the City of Huntsville Inspection Department prior to beginning; Contractor is to demolish and remove all materials, debris, and properly dispose items from each site.
Projects listed below are to be completed within 45 calendar days of Notice to Proceed/Purchase Order issuance.
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Bid # 22-24 Page 6 of 27 Firm Name:____________________________ Initials:________
City of Huntsville Responsibilities City to waive all City of Huntsville permit fees and transfer station tipping fees; City to have all utilities disconnected;
Liquidated damages in the amount of $500.00 per day may be issued for specified projects.
Award Table
Please answer the following questions. The responses will determine not only this project, but additional
possible projects during the terms of this agreement: Available for emergency demolitions: _______YES _________NO For additional projects during this term agreement the awarded responder(s) will be notified of addresses
and to be considered will be given a time frame to submit pricing for exact locations. Is your firm interested in additional projects during this agreement ____________YES ________NO
Price Table The following addresses are scheduled for immediate demolition.
Description Foundation Type Price
213 Crawford St. Huntsville, TX Pier & Beam
706 Baker St. Huntsville, TX Pier & Beam
1319 A Rhodes Huntsville, TX Mobil Home
300 Gospel Hill Rd. Huntsville, TX Pier & Beam
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Bid # 22-24 Page 7 of 27 Firm Name:____________________________ Initials:________
213 Crawford St.
706 Baker St.
1319 A Rhodes
300 Gospel Hill Rd
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Bid # 22-24 Page 8 of 27 Firm Name:____________________________ Initials:________
Safety Standards & Accident Prevention
With respect to all work performed under this contract, the CONTRACTOR shall:
(1) Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property.
(2) Maintain at his office or other well-known place at the job site, all articles necessary for giving first aid to the injured and shall make standing arrangements for the immediate removal to a hospital or a doctor's care of persons (including employees), who may be injured on the job site. In no case shall
employees be permitted to work at a job site before the employer has made a standing arrangement
for removal of injured persons to a hospital or a doctor's care.
Insurance Requirements The awarded responder shall furnish and keep in full force (at its own cost and expense) the following insurance during the term of this Contract:
a. Commercial General Liability at minimum combined single limits of ($1,000,000 per occurrence and
$2,000,000 general aggregate) for bodily injury and for property damages, which coverage shall
include products/completed operations at $1,000,000 per occurrence. b. Commercial Automobile Liability at minimum combined single limits of $300,000 per occurrence for Bodily Injury and Property Damage, including owned, non-owned, and hired vehicle coverage.
All insurance must be written on forms filed with and approved by the Texas Board of Insurance. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent.
The awarded responder shall furnish at their own expense to the City of Huntsville, a Certificate of Liability
Insurance listing the City as an “Additional Insured” via endorsement. In Description of Operations will
need wording similar to: Blanket additional insured is added in favor of the certificate holder with respects to the general liability coverage as required by written contract. Blanket Waiver of Subrogation is added in favor of the certificate holder with respects to workers compensations coverage as required by written contract. Certificate Holder to be: City of Huntsville 1212 Ave M Huntsville TX 77340.
The required insurance must contain a provision that at least thirty (30) days prior notice of cancellation, non-renewal, or material change of said insurance shall be submitted to the city, by the insurance company. The City reserves the right to full, certified copies of all required insurance policies when requested in writing. Insurance will be required prior to purchase order being issued.
Copy of insurance to be supplied prior to award
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Bid # 22-24 Page 9 of 27 Firm Name:____________________________ Initials:________
Required Forms
Conflict of Interest
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Bid # 22-24 Page 10 of 27 Firm Name:____________________________ Initials:________
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Bid # 22-24 Page 11 of 27 Firm Name:____________________________ Initials:________
Certificate of Interested Parties Form 1295 Pursuant to Section 2252 of the Texas Government Code, any business entity entering into a contract with a local government that requires approval of the governing body must submit a Disclosure of Interested Parties to the local government prior to the execution of the contract. The Texas Ethics Commission (TEC)
has adopted a form for the Disclosure of Interested Parties (Form 1295) and has created a website application for business entities to submit the required information. The City of Huntsville may not enter into a contract that requires the approval of the City Council until the business entity that is a party to the contract files a Form 1295 with the Texas Ethics Commission and the
City of Huntsville Purchasing Department. 1. Upon being notified of a bid/recommended award, the award recipient, the business entity, must go the following website: https:///www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm and follow the login directions on the website application to complete a Form 1295. It this is a business entity’s first time login
on to the website application, the business entity must create a login Username and Password then follow the application’s instructions to complete a Form 1295. 2. The City does not have a Contract ID Number System. Please insert the City of Huntsville’s bid or project number in this box.
3. Once confirmation is received, that the information has been submitted with the Texas Ethics Commission, the business entity MUST print, sign and date Form 1295. 4. Form 1295 must be filed with the Texas Ethics Commission within seven (7) business days of the date of
notification of recommended award. The contract will not be presented to City Council until the form has been filed with the Texas Ethics Commission and the City of Huntsville has received Form 1295. 5. In no way does a request for filing of Form 1295 with the Texas Ethics Commission commit the City to any type of award whatsoever.
6. Once the City of Huntsville Purchasing Department receives Form 1295, the Purchasing Department will submit confirmation of receipt through the Texas Ethics Commission website within thirty (30) days. 7. This process must be followed for each contract requiring City of Huntsville Council approval.
8. A Form 1295 cannot be hand written. It must be completed electronically through the Texas Ethics Commission website application. If you have any questions contact the City of Huntsville Purchasing Agent at (936) 291-5917, City Hall,
1212 Avenue M, Huntsville, TX 77340.
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Bid # 22-24 Page 12 of 27 Firm Name:____________________________ Initials:________
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Bid # 22-24 Page 13 of 27 Firm Name:____________________________ Initials:________
Israel Verification Form I, , the undersigned representative of (the
“Company”) do hereby declare, represent, and verify that the Company, under the provisions of Chapter
2271 of the Texas Government Code, as amended:
1. does not boycott Israel currently; and
2. will not boycott Israel during the term of the contract.
Pursuant to Section 2271.001 of the Texas Government Code: 1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise
taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations
specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled
territory, but does not include an action made for ordinary business purposes; and
2. “Company” means a for-profit organization, association, corporation, partnership, joint venture,
limited partnership, limited liability partnership, or limited liability company, including a wholly
owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or
business associations that exist to make a profit.
___________________________ _______________________________
Date Signature EXCLUSION FROM CHAPTER 2271 OF THE TEXAS GOVERNMENT CODE
I, ________________________, the undersigned representative of _____________________ (the “Company”) do hereby declare, represent, and verify that the Company is excluded from Chapter 2271 because the contract in question: ☐will be between a governmental entity and a company with fewer than 10 full-time employees; ☐ will have a value of less than $100,000 that is to be paid wholly or partly from public funds of the
governmental entity; or ☐ will be between a governmental entity and a sole proprietor. Please check exceptions, if any, that apply to the potential contract between the City of Huntsville and the Company.
___________________________ _______________________________ Date Signature
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Bid # 22-24 Page 14 of 27 Firm Name:____________________________ Initials:________
Iran, Sudan and Foreign Terrorist Organizations Verification Form I, , the undersigned representative of (the
“Company”) do hereby declare, represent, and verify that the Company, under the provisions of Chapter
2252 of the Texas Government Code, as amended:
1. will not do business with Iran, Sudan, or any foreign terrorist organization; and
2. will not do business with Iran, Sudan, or any foreign terrorist organization during the term of the
contract.
___________________________ _______________________________ Date Signature
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Bid # 22-24 Page 15 of 27 Firm Name:____________________________ Initials:________
Firearm Verification Form
I, , the undersigned representative of (the “Company”) do hereby declare, represent, and verify that the Company, under the provisions of Chapter 2274 of the Texas Government Code, as amended: 1. does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and 2. will not discriminate during the term of the contract against a firearm entity or firearm trade association. Pursuant to Chapter 2274 and Section 809.001 of the Texas Government Code:
1. “Discriminate against a firearm entity or firearm trade association” means, with respect to the entity or association, to: (i) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (ii) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (iii) terminate an existing business relationship
with the entity or association based solely on its status as a firearm entity or firearm trade association. 2. “Company” means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or
business associations that exist to make a profit.
___________________________ _______________________________ Date Signature
EXCLUSION FROM CHAPTER 2274 OF THE TEXAS GOVERNMENT CODE
I, ________________________, the undersigned representative of _____________________ (the “Company”) do hereby declare, represent, and verify that the Company is excluded from Chapter 2274 because the contract in question: ☐ will be between a governmental entity and a company with fewer than 10 full-time employees, ☐ will have a value of less than $100,000 that is to be paid wholly or partly from public funds of the
governmental entity; ☐ will be between a governmental entity and a sole proprietor; or ☐ is an exempt contract under Section 2274.003 of the Texas Government Code.
Please check exceptions, if any, that apply to the potential contract between the City of Huntsville and the
Company. ___________________________ _______________________________ Date Signature
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Bid # 22-24 Page 16 of 27 Firm Name:____________________________ Initials:________
Prohibition of Contracts Discriminating Against Energy, & Energy Company Boycott Verification Form I, , the undersigned representative of (the “Company”) do hereby declare, represent, and verify that the Company, under the provisions of Chapter
2274 of the Texas Government Code, as amended:
1. does not boycott energy companies currently; and 2. will not boycott energy companies during the term of the contract. Pursuant to Chapter 2274 and Section 809.001 of the Texas Government Code:
1. "Boycott energy company" means, without an ordinary business purpose, refusing to deal with,
terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal
and state law; or (B) does business with a company described by Paragraph (A).
2. “Company” means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or
business associations that exist to make a profit.
___________________________ _______________________________ Date Signature
EXCLUSION FROM CHAPTER 2274 OF THE TEXAS GOVERNMENT CODE
I, ________________________, the undersigned representative of _____________________ (the “Company”) do hereby declare, represent, and verify that the Company is excluded from Chapter 2274 because the contract in question: ☐will be between a governmental entity and a company with fewer than 10 full-time employees; ☐ will have a value of less than $100,000 that is to be paid wholly or partly from public funds of the
governmental entity; or ☐ will be between a governmental entity and a sole proprietor. Please check exceptions, if any, that apply to the potential contract between the City of Huntsville and the Company.
___________________________ _______________________________ Date Signature
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Bid # 22-24 Page 17 of 27 Firm Name:____________________________ Initials:________
Critical Infrastructure Verification Form To the extent this proposal relates to critical infrastructure in the State of Texas, I, , the
undersigned representative of (the “Company”) do hereby declare,
represent, and verify that the Company is not owned by or has the majority of stock or other ownership interest held by or controlled by: individuals who are citizens of China, Iran, North Korea, Russia, or a country designed by the Governor of Texas as a threat to critical infrastructure under Section 2274.0103 of the Texas Government Code as amended (“designated country”); or
1. a company or other entity, including a governmental entity, that is owned or controlled by citizens
of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or 2. it is not headquartered in China, Iran, North Korea, Russia, or a designated country.
The foregoing representation is made solely to comply with Chapter 2274 of the Texas Government Code,
as amended, and to the extent such Section does not contravene applicable federal or State law. As used in the foregoing verification, “critical infrastructure” means a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.
___________________________ _______________________________ Date Signature
:
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Bid # 22-24 Page 18 of 27 Firm Name:____________________________ Initials:________
Texas Public Information Act Verification Form I, ________________________, the undersigned representative of _____________________ (the
“Company”) do hereby acknowledge that the requirements of Subchapter J, Chapter 552, Government Code,
may apply to this solicitation, proposal and any resultant contract, and agree that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.
___________________________ _______________________________
Date Signature
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Bid # 22-13 Page 19 of 27 Firm Name:____________________________ Initials:________
References
Responder shall submit with their solicitation the name, address, telephone number, and point of contact of at least three (3) companies for which the responder has done business within the preceding twelve (12) months. References may be checked prior to award. Any negative responses received may result in disqualification of the bid. (Form is attached for your convenience below)
Reference 1 COMPANY NAME: __________________________________________________________
CONTACT: _________________________________________________________________ ADDRESS: _________________________________________________________________ PHONE #: __________________________________________________________________
Reference 2 COMPANY NAME: __________________________________________________________
CONTACT: _________________________________________________________________ ADDRESS: _________________________________________________________________
PHONE #: __________________________________________________________________ Reference 3
COMPANY NAME: __________________________________________________________ CONTACT: _________________________________________________________________ ADDRESS: _________________________________________________________________
PHONE #: __________________________________________________________________
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Bid # 22-13 Page 20 of 27 Firm Name:____________________________ Initials:________
Non-Collusion Affidavit
1. He/she is ____________________________________of___________________________, the responder that has submitted the attached bid/proposal. 2. He/she is fully informed respecting the preparation of contents of the attached bid and of all pertinent circumstances respecting such bid/proposal.
3. Such bid is genuine and is not collusive or a sham bid/proposal.
4. Neither the said responder not any of its officer, partners, owners, agents, representative, employees or parties in interest, including this affidavit, has in any way colluded, conspired, connived or agreed, directly
or indirectly with another responder, firm or person to submit a collusive or sham bid in connection with the contract for which the attached bid has been submitted or to refrain from responding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement of collusion or communication or conference with any other responder, firm or person to fix the price or prices in the attached bid or of any other responder, of to fix an overhead, profit or cost element of the bid price of the bid price of any other
responder, or to secure through any collusion, conspiracy, connivance of unlawful agreement any advantage again the City of Huntsville or any per interest in the proposed contact.
5. In compliance with the specifications in the bid/proposal and quote conditions, I, the undersigned agree to furnish the services upon which prices are offered at the price opposite to each line description to the City of Huntsville within the time specified. By submitting this bid/proposal and attached signature I hereby
attest that I have not received nor offered anything of value to any City employee, official, and/or board
member in connection with this submitted bid.
6. Advanced disclosures of any information to any particular/potential responder which gives that particular/potential responder any advantage over any other interested responder in advance of the award whether in response to advertising or an informal request for bid/proposal made or permitted by a member of the governing body or an employee or representative thereof, will cause to void that particular responders bid/proposal. Prior to an award any communication with a member of the selection committee or governing
board will cause to void that particular responders bid/proposal and the committee member or the governing board member will be rejected from the voting process for that bid/proposal or contract. By submission of this bid/proposal responder attests that no improper communication has occurred resulting in an advantage over any other responder, potential responder, or advance discloser. 7. The price or prices quoted in the attached bid/proposal are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the responder or any of its agents,
representative, owners, employees, or parties in interest, including this affidavit.
________________________________ Signature _________________________________ Printed Name ________________________________ Firm Name
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Bid # 22-13 Page 21 of 27 Firm Name:____________________________ Initials:________
Bid Term & Conditions
DEFINITIONS: City – City of Huntsville City Council – The elected officials of the City of Huntsville who have been given the authority to exercise such powers and jurisdiction of all City business as conferred by the
City Charter, Ordinance and Laws. Contract- An agreement between the City and a vendor to furnish products over a designated period of time during which repeated purchases or a single purchase are made of the commodity (s) or service specified. Vendor – The potential or successful bidder of an Invitation for Bid or Request for Proposal. ACCEPTANCE: The City reserves the right to accept or reject any or all
bids, to waive any informalities and technicalities, to accept the offer considered most advantageous in order to obtain the best value for the City in accordance with Local Government Code Chapter 252. Causes for rejection of a bid may include but shall not be limited to the bidder’s current violation of any City ordinance, the bidder’s current inability to satisfactorily perform the work or service, or the bidder’s previous failure to properly and
timely perform its obligation under a contract with the City. Bidders may be disqualified and rejection may be recommended for any but not limited to the following:
• Failure to use the form furnished by the City;
• A bid that fails to meet the
essential requirements;
• A bid that does not conform
to the specifications;
• A bid that fails to conform to the delivery schedule or
permissible alternatives;
• Failure to submit a bid bond, insurance or other requested documents in conformance with the
requirements;
• A bid seeking to qualify the
terms and conditions, or otherwise seeking to limit
contractor liability, or to limit the City’s rights;
• A vendor that qualifies its price in such a manner that the firm’s bid price cannot be determined;
• Price quoted shall be the price in effect at the time of delivery which remains unknown at the present time.
• A bid is contingent on also receiving awards on other bids currently under consideration.
All bidders are hereby notified that the City shall consider all factors it believes to be relevant in selecting the offer that provides the best value for the City including but not limited to the purchase price, the proximity of the bidder as it relates to his ability to perform the contract for the City, the delivery date, the reputation of the bidder and the bidder’s goods or services, the quality of the bidder’s goods or services, the bidders past performance under contracts with the City, and the bidder’s compliance
with City ordinances. The City is committed to obtaining its goods, products and services at the lowest price possible which benefit all the citizens of Huntsville. Therefore, in order to accomplish the objective/goal it is not the intention of the City to either exclude particular vendors or manufacturers nor to create restrictive situations in its request for bids and proposals. Any manufacturer’s names, trade names, brand names, catalog
numbers, technical data etc. used in the specifications are there for the sole purpose of establishing and describing general performance, quality levels, type and dimensions and such references are not intended to be restrictive. Alternate bids on similar or comparable products and/or services of any manufacturer or vendor equal to the products and/or services described in the specifications are invited and will be
given careful consideration provided the alternate will accomplish the same task. The City shall be the sole judge on whether the alternate product and/or service is similar to, equal to and in compliance with that
specified. The decision of the City shall be final. In literal compliance in reference to standards and specifications shall mean the meeting or exceeding of all or nearly all of the said standards and specifications. If the City determines that standards and specifications are in literal compliance and not all standards and specifications have been met or exceeded, the City must base such a determination on its finding that any standards and
specifications which have not been
met or exceeded do not render the bidder product any less usable for the purpose for which it is intended. ADDENDA: Any interpretations, corrections or changes to an Invitation for Bid and/or Request for Proposal will be made by addenda. Sole issuing authority of addenda shall be vested by the City of Huntsville’s Purchasing Department. Addenda may be posted on the City of Huntsville’s web site and may be
distributed to all who are known to have received a copy of this Invitation for Bid and/or Proposal will receive written notification. The City assumes no responsibility for the bidder’s failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. The City of Huntsville’s decision to accept or reject any particular bid due to a failure to acknowledge and submit
addenda shall be final. ADVERTISING: Any advertising or promotions used which the Cities award is showcased, placed in written technology or verbal communication must be expressly authorized in writing by the City.
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Bid # 22-13 Page 22 of 27 Firm Name:____________________________ Initials:________
ALTERING BIDS: Bids cannot be altered or amended after the submission deadline without acceptable reason and without the approval of the purchasing manager.
Any interlineations, alteration, or erasure made before opening time
should be initialed by the signer of the bid, guaranteeing authenticity. AMENDMENTS: Chapter 176 of the Texas Local Government Code requires a person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity to submit a Conflict of Interest Questionnaire to the appropriate records administrator of the City not later than the seventh
business day after the date the person begins contract discussions or negotiations with the local governmental entity, or submits to the local governmental entity an application, response to a request for proposal or bid, correspondence, or another writing related to a potential agreement with the local governmental entity. For purposes of this bid, you may submit the completed form with your response. Each vendor is responsible for
verifying they are using the most current form available from www.ethics.state.tx.us. This legislation is subject to change and each vendor should consult their own attorney regarding the current law. ASSIGNMENT: The vendor is prohibited from transferring their rights and duties nor shall the vendor sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of the City
of Huntsville. All subcontractors
must be approved in writing by the City prior to any work being initiated. BID AWARD: The City of Huntsville reserves the right to award bids on the lump sum or unit price basis. If the bidder desires the City to consider and all-or-none bid, it must be stated on the bid sheet (s). The
City reserves the right to audit or inspect vendor’s business records not limited to financial statements, liability insurance, bonding, and worker’s compensation insurance
and to request business references.
All awards will be based on the best
interest of the City, but not necessarily limited to, the following factors: a. Conformity to specifications; b. Purchase price, including payment discount terms; c. The reputation of the bidder and of the bidder’s goods or services; d. The quality of the
bidder’s goods or services; e. The extent to which the goods or services meet the City’s needs f. The bidder’s past relationship with the City; g. Delivery terms; h. Availability of repair and maintenance parts; i. Financial condition; j. The total long-term
cost to the City to acquire the bidder’s good or services; and k. Any relevant criteria specifically listed in this request for bid. BRAND NAMES: Specifications may reference name brands, make, and/or model numbers. Any reference made to brand, make, and/or model used in specifications is for descriptive purposes only.
Products/materials of like quality will be considered. The City shall act as sole judge in determining equality and acceptability of products offered. CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All
change orders to the contract will be made in writing and may require approval of the City Council. COLLUSION: Advanced
disclosures of any information to any particular bidder which gives that particular bidder any advantage over any other interested bidder in advance of the award whether in response to advertising or an informal request for bids or proposals, made or permitted by a member of the governing body or an employee or representative thereof, will cause to void that particular bidders bid or proposal. Prior to an award any communication with a member of the selection committee or governing board will cause to
void that particular bidders bid or proposal and the committee member or the governing board member will be rejected from the voting process for that bid or proposal. By submission of this bid or proposal bidder attests that no improper communication has occurred resulting in an advantage over any other bidder, potential bidder, or advance discloser. COMPLIANCE: This bid and
vendor and/or contractor must comply with all federal, state, City and local laws concerning these types of service. The vendor is prohibited from discriminating due to racial, sexual, religious, disability, or any other grounds. Any known discrimination is grounds for immediate cancellation of contract at the sole expense of the vendor. CONFLICT OF INTEREST: No public official shall have interest in
this contract, in accordance with Vernon's Texas Codes Annotated, Local Government Code Title 5. Subtitle C, Chapter 171. CONTRACT: This bid, when properly accepted by the City of Huntsville, shall constitute a contract equally binding between the successful bidder and the City of Huntsville. No different or
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Bid # 22-13 Page 23 of 27 Firm Name:____________________________ Initials:________
additional terms or addendums, supplements, or amendments will become a part of this contract unless agreed to and signed by both the successful bidder and the City
without the prior written approval of the City of Huntsville. Should any
change in terms be requested by the vendor after the contract has been awarded, the City reserves the right to cancel the contract and award the bid to the next responsible responsive bidder. If during the life of the contract, the successful bidder's net prices to other customers for items awarded herein are reduced below the contracted price, it is understood and agreed that the benefits of such reduction shall be extended to the City. The City
reserves the right to reject the bid of any bidder who is in violation of any City Ordinance. The City may, at its option, choose to negotiate a settlement of the ordinance violation as a condition of the bid award. CONTRACT TERMINATION: The City may terminate this contract at any time upon thirty (30) calendar days written notice. Upon the Service Provider’s receipt of such notice, the Service Provider shall
cease work immediately. The Service Provider shall be compensated for the services satisfactorily performed prior to the termination date. If, through any cause, the Service Provider fails to fulfill its obligations under this contract, or if the Service Provider violates any part of the agreement of the contract, the City has the right to terminate this contract by giving the Service Provider five (5) calendar days written notice. The Service
Provider will be compensated for the services satisfactorily performed before the termination date. Termination of the contract for cause shall be deemed as sufficient evidence and cause to remove the vendor’s name from the bidder’s list for receiving future bids. No terms or provision of the contract shall be construed to relieve the Service Provider of liability to the City for
damages sustained by the City because of any breach of contract by the Service Provider. The City may withhold payments to the Service Provider until the exact amount of
damages due to the City from the Service Provider is determined and paid. City reserves the right to order from another vendor in which an emergency or urgent need becomes necessary. If the City terminates the contract, the City will equitably compensate Contractor in accordance with the provisions of this contract for the services properly performed prior to the date specified in such notice following inspection and acceptance of same by the City. Contractor, will not, however, be entitled to lost or anticipated profits,
special damages or consequential damages should the CITY choose to exercise it option to terminate. DELIVERY: All delivery and freight charges (FOB City of Huntsville designated location) are to be included in the bid price. The City assumes no liability of goods delivered in a damaged or unacceptable condition. DISCLOSURE REQUIREMENT:
Chapter 176 of the Texas Local Government Code mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City, including affiliations and business and financial relationships such persons may have with the City officers or officials. An explanation of the requirements of Chapter 176, applicable forms and a complete text of the law is available by contacting
the City of Huntsville City Secretary, 1212 Ave. M Huntsville, TX 77340. By doing business or seeking to do business with the City you acknowledge that you have been notified of your sole responsibility to comply with Chapter 176 of the Texas Local Government Code. EXCEPTIONS/SUBSTITUTIONS: All bids meeting the intent of this
invitation to bid will be considered for award. Bidders taking exception to the specifications, or offering substitutions, shall state these exceptions in the section provided or
by attachment as part of the bid. The absence of such a list shall indicate that the bidder has not taken exceptions and shall hold the bidder responsive to perform in strict accordance with the specifications of the invitation. The City of Huntsville reserves the right to accept any and all or none of the exception(s)/substitution(s) deemed to be in the best interest of the City. FIRM PRICE: Bidders must hold
bid prices firm for 120 days after the bid opening date to allow the City
sufficient time to award a contract. Once a contract is awarded, the successful bidder must hold bid prices firm for the duration of the contract. FORCE MAJEURE: Vendor will not be held liable for noncompliance for any reasonable delay due to Force Majeure. Force Majeure is any delay caused by acts of God and or labor strikes. FORM: Bids must be submitted on the City’s form only. Bidder shall provide with this bid/proposal response, all documentation required. Failure to provide this information may result in rejection of bid. Bidders are required to submit bids itemized and prices extended when required. Bidders must return the entire original bid document with Invitation for Bid or Request for Proposal. Vendors should not change or alter packet in any way.
FUNDING: Award and funding of the bid, proposal, and contract is pending City of Huntsville City Council approval. State of Texas statutes, Local Government Code 271.903 prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other
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Bid # 22-13 Page 24 of 27 Firm Name:____________________________ Initials:________
obligations that may arise past the end of the current City of Huntsville fiscal year shall be subject to budget approval. The City reserves the right to rescind the contract at the end of
each fiscal year if determined that there are insufficient funds to extend
the contract and no cost. INDEMNIFICATION
AGREEMENT: The contractor agrees to indemnify, hold harmless and defend the City of Huntsville, its officers, agents and employees, both past and present, from and against any and all liability for any and all claims, liens, suits, demands, and actions for damages, injuries to persons (including death), property damage (including loss of use), and expenses, (including court
costs, attorneys’ fees and other reasonable costs of litigation) arising out of or resulting from Contractor’s work and activities conducted in connection with or incidental to this contract and from any liability arising out of or resulting from intentional acts
or negligence of the Contractor, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part upon the negligent or intentional acts or omissions of Contractor, including but not limited to its officers, agents, employees, subcontractors, licensees, invitees, and other persons. It is the express intention of the parties hereto, both the City and the Contractor, that the indemnity provided for in this Contract indemnifies and protects the City from the
consequences of the City’s own negligence to the fullest extent of the law.
INTERLOCAL COOPERATIVE: Other government entities within the State of Texas may be extended the opportunity to purchase off of the
City of Huntsville’s solicitation, with the consent and agreement of the
successful vendor(s) and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in vendor’s response. However, all parties indicate their understanding and all parties hereby expressly agree that the City is not an agent of, partner to or representative of those outside agencies or entities and the City is not obligated or liable for any action or debts that may arise out of such independently, negotiated
“piggyback” procurements. ITEMS supplied under this contract shall be subject to the City's approval. Items found defective or not meeting specifications shall be picked up and replaced by the successful bidder at the next service date at no expense to the City. If an item is not picked up within reasonable time after notification, the item will become a donation to the City for disposition.
LATE BIDS: Bids received after submission deadline will be considered void and unacceptable. The City of Huntsville is not responsible for lateness or non-delivery of mail, carrier, delivery etc., and the date/time stamp in the City Secretary's Office shall be the official time of receipt. Late bids will remain unopened and returned to the address on the outside of the envelope. LAWS: This agreement will be governed and construed by the State of Texas Local Government Code, City Charter, City Ordinance, and City Purchasing Policy. Information in the record is deemed public record in accordance with the Texas Public Information Act. This agreement is performable in the City of Huntsville, Huntsville, Texas. Each
party consents to the exclusive jurisdiction of the state courts having jurisdiction in the City of Walker, Texas. This Contract will be governed by and interpreted in
accordance with the laws of the State of Texas, without regard to conflict of laws principles NOTIFICATION: The City uses multiple channels for the notification and dissemination of all invitations to bid and/or request for proposals. The City accepts no responsibility for the lack of notification or receipt of bid to any and all potential bidders. PAYMENT will be made upon receipt and acceptance by the City of
item(s) ordered and receipt of a valid invoice, in accordance with the State of Texas Prompt Payment Act, Article 601lf V.T.C.S. All invoices must be mailed to City of Huntsville Attn: Accounts Payable 1212 Ave. M Huntsville, TX 77340. The City requests credits for any errors. Invoices will not be short paid. PRICE redetermination may be considered by City of Huntsville only at the anniversary date of the
contract and shall be substantiated in writing (i.e., manufacturer's direct cost, postage rates, Railroad Commission Rates, Wage/Labor Rates, etc.) with a sixty day prior written notice. The bidder's past history of honoring contracts at the bid price will be an important consideration in the City’s evaluation of the lowest and best bid. The City of Huntsville reserves the right to accept or reject any/all of the price redetermination as it deems to
be in the best interest of the City. The City reserves the right to reject price redetermination and award the bid to next responsible responsive bidder. QUANTITIES: Quantities indicated in the bid are estimated based upon the best available information. The City reserves the right to increase or decrease the quantities by any amount deemed
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Bid # 22-13 Page 25 of 27 Firm Name:____________________________ Initials:________
necessary to meet its needs without any adjustments in the unit bid prices. Bids must be submitted on units of quantity specified. In the event of errors in extended prices, the
unit price shall govern. Any suggested quantity to secure better
prices is welcomed. When discrepancies occur between words and figures, the words shall govern. RECORD RETENTION: The awarded vendor must maintain copies of all documents relating to the contract for the length of the warranty period plus one year. Should the document be destroyed or for any reason the awarded vendor is unable to locate the contract, the warranty will be considered in force
under the original terms of the contract. REIMBURSEMENTS: There is no expressed or implied obligation for the City to reimburse responding
firms for any expenses incurred in preparing bids in response to the request. The City will not reimburse responding firms for these expenses, nor will the City pay any subsequent
costs associated with the provision of any additional information or
presentation, or to procure a contract for these services. SAMPLES: When requested, samples shall be furnished free of expense to the City of Huntsville. All samples will be return when applicable. SILENCE OF SPECIFICATION: The apparent silence of these specifications as to any detail or to the apparent omission from it of a
detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the
basis of this statement TAXES: The City of Huntsville is exempt from Federal Excise, State Sales and Transportation Taxes. Tax
must not be included in bid/proposal. The City upon request will execute a
Tax Exemption Certificate. The City is statutorily exempt from State and Local Sales tax and a permit number is not required. WARRANTY: Successful bidder shall warrant that all items/services shall conform to the proposed specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title WITHDRAWAL OF BID: No bid may be withdrawn after opening time without acceptable reason in writing and with the approval of the purchasing manager. 7.2016
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Bid # 22-24 Page 26 of 27 Firm Name:____________________________ Initials:________
No-Bid Statement Structure Demolition Service, Bid NO. 22-24 The City of Huntsville seeks to evaluate the level of competitiveness provided. Please complete this form
only if you are not submitting a quote. Please check the appropriate boxes indicating the factors considered for not bidding.
We Unable to respond to the request for bid or request for proposals by the specific deadline. Our company does not carry or cannot offer this type of product and service.
Specifications are restrictive, unclear or incomplete. Please explain below ______________________________________________________________
Invitation is suitable, but engaged in other work.
Do not wish to do business with the City. The purpose of this form is to achieve a maximum participation in the bidding process. Vendor comments
are not restrictive to the above described. Please make any statement that may have impacted your ability
to bid. ______________________________________________________________________________
______________________________________________________________________________
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Bid # 22-24 Page 27 of 27 Firm Name:____________________________ Initials:________
Responders Information Structure Demolition Service, Bid NO. 22-24
Having read and understood the instructions, terms, conditions and specifications, we submit the following: _____________________________________ _____________________________________ Company Name Witness Signature
_____________________________________ _____________________________________ Date Witness Printed Name
_____________________________________ _____________________________________ Authorized Representative Signature Telephone Number ______________________________________ _____________________________________ Authorized Representative Printed Name Fax Number
_____________________________________ ______________________________________ Authorized Representative Title Email
______________________________________________________________________________ Correspondence Address, City, State, Zip Code
______________________________________________________________________________
Remit Address, City, State, Zip Code Initial for addendum receipt/acknowledgment.
Please mark N/A if no addendum was issued
Addendum #1 _______________ Addendum #2 _______________
Addendum #3 _______________ Addendum #4 _______________
THIS DOCUMENT MUST BE COMPLETED AND SUBMITTED OR MAY BE CONSIDERED NON-RESPONSIVE
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Page 1 of 5
PROFESSIONAL SERVICES AGREEMENT
DEMOLITION SERVICES
for
CITY OF HUNTSVILLE, TX
STATE OF TEXAS §
§ KNOW BY THESE PRESENTS:
COUNTY OF WALKER §
This Agreement made this day of , 2022, by and between Inland Environmental Ltd.,
acting by and through Jed Landrey, President, hereinafter referred to as the "CONTRACTOR," and the
City of Huntsville, acting by and through its City Manager, Mr. Aron Kulhavy, hereinafter referred to as
the “CITY”, do hereby make and enter into the following Agreement.
ARTICLE I
CONTRACTOR
1.1 The CONTRACTOR, as an independent contractor, covenants and agrees to perform the
professional demolition and abatement services related to structure demolition as described in
Article II, Scope of Services. Such services shall be performed by the CONTRACTOR in strict
accordance with the terms of this Agreement and for the consideration stated. Subject to the
provisions of Article VI below, CONTRACTOR covenants and agrees to perform the specific
services identified in Article II, Scope of Services.
1.2 The CONTRACTOR shall provide its services under this Agreement with the same degree of care,
skill, and diligence as is ordinarily provided by a professional contractor under similar
circumstances for the demolition and abatement of structures to which the Agreement applies.
ARTICLE II
SCOPE OF SERVICES
2.1 The CONTRACTOR will perform the demolition and abatement services related to the Invitation
For Bid (IFB) No. 22-24, which is attached and made a part of this Agreement.
2.2 Pursuant to this Agreement, the CITY shall have the option to obtain the services of the
CONTRACTOR to perform Additional Services. All such Additional Services shall be described
in a written scope of work provided by the CONTRACTOR with pricing per address. The scope of
work shall include a description of the additional work, associated compensation, and time
schedule as applicable. By way of illustration, matters which may constitute Additional Services
may be requested by the CITY and shall include the addresses and demolition details of the
additional work.
ARTICLE III
CONTRACTOR PERSONNEL
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Page 2 of 5
3.1 The CONTRACTOR represents that it has or will secure at its own expense, all personnel required
in performing the services under this Agreement. Such personnel shall not be employees of or
have any contractual relationship with the CITY.
3.2 The CONTRACTOR may contract with subcontractors for portions of the work or services under
this Agreement with the prior written approval of the CITY. Any work or services subcontracted
hereunder shall be specified by a written agreement and shall be subject to the provisions of this
Agreement.
ARTICLE IV
SUPPORT SERVICES
4.1 The CITY agrees to provide the CONTRACTOR with support services before and during the
demolition and abatement services being provided. Support services will include waiving the
tipping fee at the City of Huntsville Transfer Station for the disposal of all demolition debris
associated with this contract and having all utilities disconnected from structures proposed to be
demolished, prior to demolition.
ARTICLE V
TIME OF PERFORMANCE
5.1 The CONTRACTOR shall commence services upon execution of this Agreement and receipt of
written Notice-to-Proceed from the CITY.
5.2 The initial term of this contract shall be effective from the date that this contract is executed by the
CITY and the CONTRACTOR and expire on September 31, 2023. Two additional one-year term
may be executed if agreed to by both the CITY and the CONTRACTOR.
ARTICLE VI
COMPENSATION TO CONTRACTOR
6.1 Pricing for demolition and abatement services shall be in accordance with the “Price Table” on
page 6 of the Invitation For Bid (IFB) No. 22-24, which is attached and made a part of this
Agreement.
6.2 Each invoice from the CONTRACTOR shall be due and payable by the CITY upon receipt by the
CITY. The billing statement, certified true and correct by CONTRACTOR, shall show the total
amount due and payable as of the date of the current statement. Amounts paid and due for
Additional Services shall be identified on a separate invoice.
ARTICLE X
CHANGES OR TERMINATION
10.1 This Agreement may not be altered, changed or amended except by instrument in writing executed
by the parties hereto.
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Page 3 of 5
10.2 The CITY may, from time to time, request changes in the Scope of Services and/or time of
performance for the services of the CONTRACTOR to be performed hereunder.
10.3 This Agreement may be terminated before the termination date stated in Article V, Time of
Performance, by any of the following conditions:
10.4 The City may terminate this contract at any time upon thirty (30) calendar days written notice.
Upon the Contractor’s receipt of such notice, the Contractor shall cease work immediately. The
Contractor shall be compensated for the services satisfactorily performed prior to the termination
date. If, through any cause, the Contractor fails to fulfill its obligations under this contract, or if
the Contractor violates any part of the agreement of the contract, the City has the right to terminate
this contract by giving the Contractor five (5) calendar days written notice. The Contractor will be
compensated for the services satisfactorily performed before the termination date. Termination of
the contract for cause shall be deemed as sufficient evidence and cause to remove the vendor’s
name from the bidder’s list for receiving future bids. No terms or provision of the contract shall be
construed to relieve the Contractor of liability to the City for damages sustained by the City because
of any breach of contract by the Contractor. The City may withhold payments to the Contractor
until the exact amount of damages due to the City from the Contractor is determined and paid.
City reserves the right to order from another vendor in which an emergency or urgent need
becomes necessary. If the City terminates the contract, the City will equitably compensate
Contractor in accordance with the provisions of this contract for the services properly performed
prior to the date specified in such notice following inspection and acceptance of same by the City.
Contractor, will not, however, be entitled to lost or anticipated profits, special damages or
consequential damages should the CITY choose to exercise it option to terminate.
ARTICLE XI
MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice required to be given pursuant to the terms and provisions of this Agreement
shall be in writing and shall be mailed by certified or registered mail addressed as set forth below
or at such other address as may be specified by written notice:
CITY: Kevin Byal, Director of Development Services
City of Huntsville
448 SH 75 North
Huntsville, TX 77320
CONTRACTOR: Jed Landrey, President
Inland Environmental Ltd.
P.O. Box 6751
Kingwood, TX 77325
11.2 Assignment. The CONTRACTOR shall not assign any interest on this Agreement, and shall not
transfer any interest in the same (whether by assignment or novation), without the prior written
consent of the CITY thereto. Provided however, that claims for money by the CONTRACTOR
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Page 4 of 5
from the CITY under this Agreement may be assigned to a bank, trust company, or other financial
institution without such approval. Written notice of any such assignment or transfer shall be
furnished promptly to the CITY.
11.3 Successors and Assigns. The CITY and the CONTRACTOR each binds itself and its successors,
executors, administrators and assigns to the other parties of the Contract and to the successors,
executors, administrators and assigns of such other parties, in respect to all covenants of this
Agreement. Nothing herein shall be construed as creating any personal liability on the part of
any officer, board member, commissioner, employee or agent of any public body, which is a party
hereto.
11.4 Survival. Any and all representations and conditions made by the CONTRACTOR under this
Agreement are of the essence of this Agreement and shall survive the execution, delivery and
termination of it, and all statements contained in any documents required by the CITY, whether
delivered at the time of the execution or at a later date, shall constitute representations hereunder.
11.5 Cumulative Remedies. In the event of default by any party herein, all other parties shall have all
rights and remedies afforded to it at law or in equity to recover damages and to interpret or
enforce the terms of this 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.
11.6 State or Federal Laws. This Agreement is performed in Huntsville, Texas, and is subject to all
applicable federal and state laws, statutes, codes, any and applicable permits, ordinances, rules,
orders, and regulations of any local, state, or federal government authority having or asserting
jurisdiction.
11.7 Equal Employment Opportunity. In the performance of this Agreement, the CONTRACTOR will
not discriminate against any employee or applicant for employment because of race, color,
religion, age, sex, or national origin. The CONTRACTOR will, in all solicitations or
advertisements for employees placed by or on behalf of it, state that it is an Equal Opportunity
Employer.
11.8 Multiple Originals. Two (2) copies of this Agreement are executed; each shall be deemed an
original.
* * * * * * * * * * * * * *
The parties have executed this Agreement in duplicate originals.
This day of , 2021.
FOR CITY OF HUNTSVILLE: FOR INLAND ENVIRONMENTAL LTD:
By: By:
Aron Kulhavy Jed Landrey
City Manager President
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Page 5 of 5
ATTEST:
________________________
Page 74 of 83
Luxe Contractors $6,750.00 $6,850.00 $7,850.00 $6,050.00 $27,500.00
Woodforest Earth Works LLC $16,311.93 $18,772.51 $22,362.24 $14,511.55 $71,958.23
Sitek Omni Services, LLC $12,850.00 $13,950.00 $11,450.00 $10,980.00 $49,230.00
Inland Environments Ltd $3,880.00 $3,480.00 $2,780.00 $3,880.00 $14,020.00
Premier Worldwide Inc.$14,456.00 $14,250.00 $12,200.00 $13,800.00 $54,706.00
J.T.B. Services Inc.$11,305.00 $9,970.00 $9,475.00 $9,500.00 $40,250.00
DECA Integrated Services, Inc.$23,764.01 $26,883.29 $25,392.17 $22,247.17 $98,286.64
Kondroik Construction LLC $14,800.00 $16,000.00 $13,200.00 $14,000.00 $58,000.00
Bid Tabulation
Project Name: Bid NO. 22-24 Structure Demolition Services
Location: 1212 Avenue M Huntsville, TX 77340
Date: Thursday, June 23, 2022 Time: 2:00 P.M. Central Time
213 Crawford St.706 Baker St.1319 A Rhodes 300 Gospel Hill Rd Total
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CITY COUNCIL AGENDA
7/5/2022
Agenda Item Number: 2.a.
Agenda Item: Consider extending the expiration period for one year on Conditional Use Permit
Application # 03-2020, allowing a Recreational Vehicle Park to be developed on property located in the
600 block of SH 30 East on a +/- 29 acre tract of land, with conditions as recommended by the Planning
Commission.
Initiating Department/Presenter: Development Services
Presenter:
Armon Irones, City Planner
Recommended Motion: Move to extend the expiration period for one year on Conditional Use Permit
Application # 03-2020, allowing a Recreational Vehicle Park to be developed on property located in the
600 block of SH 30 East on a +/- 29 acre tract of land, with conditions as recommended by the Planning
Commission.
Strategic Initiative: Goal #3 - Economic Development - Promote and enhance a strong and diverse
economy.
Discussion: On December 17, 2020, following a public hearing, the Planning Commission voted
unanimously to recommend approval of Conditional Use Permit 03-2020 as detailed in the DRAFT Letter
of Conditional Approval. This document places conditions on the development to mitigate possible
nuisance effects of the development on surrounding properties and on the development of one of the
primary corridors leading into the City. The applicant agreed to the conditions recommended by the
Planning Commission. The development will also be subject to all applicable provisions of the
Development Code, Engineering design criteria and all other building codes.
On January 19, 2021, following another Public Hearing, the City Council voted to approve Conditional
Use Permit 03-2020 for the creation of a RV Park. Per the Development Code Section 12.809 an
approved Conditional Use Application will lapse and have no further effect 18 months after it is
approved by the City Council, unless a building permit has been issued, a certificate of occupancy has
been issued, or the conditional use has been lawfully established.
The current owner and requestor of this extension purchased the property from the original owner and
applicant of the Conditional Use Permit with intentions of developing it but she has since run into some
issues. Although provisions have been initiated to increase sewer capacity serving this area, the
project is delayed because the city currently does not have sewer capacity to accommodate the
proposed RV Park. Additionally, the applicant is faced with the untimely passing of her civil engineer
who was designing plans for the RV Park. Even with these obstacles, the applicant is still moving forward
with this development and is requesting an extension before the Conditional Use Permit expires on July
19, 2022.
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Previous Council Action: The City Council approved the Conditional Use Permit # 03-2020 on January
19, 2021.
Financial Implications: There is no financial impact associated with this item.
Approvals:
Kevin Byal
Kristy Doll
Associated Information:
1.CUP 03-2020_Approved Conditions Letter (2) - Final
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448 SH 75 N ˑ Huntsville, TX 77320-1118 ˑ 936-294-5700 ˑ 936-294-5701 fax ˑ www.huntsvilletx.gov
Our vision for the City of Huntsville is a community that is beautiful, historic, culturally
diverse, affordable, safe, and well planned with great opportunity for our citizens.
Huntsville
January 20, 2021
Justin Grimes
Timbermoss Capital
6102 Timbercross Ct
League City, TX 77573
Re: Conditional Approval of CUP 03-2020
Dear Mr. Grimes,
In observation of the requirements of the City Development Code, the City of Huntsville City Council
approved Conditional Use Permit 03-2020 on January 19, 2021, subject to the following conditions:
I. General
A. The development of a Recreational Vehicle Park on the subject property, identified by
GEO ID# 2401-081-0-00400, shall be allowed upon compliance with all applicable
requirements of the City of Huntsville Development Code and the Conditions of
Approval included in this letter.
B. The following plans are required to demonstrate that these conditions of approval have
been addressed. These plans may be submitted as a single application for a Commercial
Building Permit.
a. Landscaping Plan. Must show the location of all plantings and irrigation.
b. Photometric Lighting Plan. Any site lighting used on the property shall be
shielded and/or directed away from adjacent properties. Security lighting shall
not infringe on adjacent properties. Use of lowest wattage and highest energy
efficiency fixture available is required. Photometric light plan shall be
submitted to and approved by the City Building Official.
C. The proposed development may be constructed in multiple phases, as proposed in the
submitted site plan. Expansion of the recreational vehicle park beyond the proposal in
the submitted site plan, including the addition of individual recreational vehicle spaces
within the boundary approved by this permit, shall be prohibited.
Page 1 of 4
C I T Y O F
Incorporated in 1845 under the Republic of Texas
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448 SH 75 N ˑ Huntsville, TX 77320-1118 ˑ 936-294-5700 ˑ 936-294-5701 fax ˑ www.huntsvilletx.gov
Our vision for the City of Huntsville is a community that is beautiful, historic, culturally
diverse, affordable, safe, and well planned with great opportunity for our citizens.
II. Screening
A. Any outdoor storage of materials, including unoccupied recreational vehicles, must be
screened from the public Right-of-Way in a manner approved by the City Building
Official.
B. A fence shall be installed around the outer perimeter of the park to visually screen the
park from other properties and/or public rights-of-way. A non-solid fence (such as
wrought iron) may be used along the property line adjacent to SH 30 E if constructed
in conjunction with enhanced landscaping to provide adequate screening. The fence
shall be a minimum of six (6) feet high and must be maintained in good repair. Chain
link is not permitted. The fence should be set back at an appropriate distance to
accommodate the landscape provisions outlined in the next section.
C. Any required perimeter screening or buffering shall be properly maintained and remain
in place for the duration of the use of the property as a recreational vehicle park.
III. Landscaping
A. Within the front setback area, between the required perimeter fencing and the public
ROW, tree planting shall be as follows:
a. A minimum of one (1) 15-gallon tree shall be planted at a maximum spacing
of twenty (20)-foot intervals within five (5) feet of the required fencing; a
bio-barrier shall be installed when tree is planted adjacent to a wall or
sidewalk/walkway.
b. Variations in the tree planting requirements in setback areas may be
permitted in effective use with existing trees and vegetation to provide an
adequate landscaped buffer between the park and adjoining ROWs.
Variations are subject to the approval of the City Building Official.
B. At least 10% of the total landscape requirement must be installed adjacent to the public
right-of-way.
C. The existing tree line located on the eastern, western, and southern property lines
shown on the submitted site plan may not be removed.
D. All landscaping and irrigation shall be located on the subject property. Landscaping
installed for the purpose of screening the facility may not be located in the public Right-
of-Way.
Page 2 of 4
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448 SH 75 N ˑ Huntsville, TX 77320-1118 ˑ 936-294-5700 ˑ 936-294-5701 fax ˑ www.huntsvilletx.gov
Our vision for the City of Huntsville is a community that is beautiful, historic, culturally
diverse, affordable, safe, and well planned with great opportunity for our citizens.
IV. Parking and Storage
A. No boats, campers, travel trailers, recreational vehicles or unregistered and
unlicensed motor vehicles shall be parked or stored at any place within the park
except in areas designated and approved for such storage as part of the site
development plan approval.
B. No part of the front setback of the development may be paved or otherwise covered
in impervious material, except for the area required for vehicle access.
C. Parking in the front setback shall be prohibited.
V. Signage for park required.
A. One freestanding monument sign identifying the name and address of the park is
required to be placed in an area visible from SH 30 E for ease of identification by
Emergency Responders. Sign area and height shall be limited to a maximum of fifty
(50) square feet in area and ten (10) feet in height.
B. Individual RV spaces must be clearly labeled for ease of identification by
Emergency Responders.
Before implementing the improvements required and/or authorized by this Conditional Use
Permit, submission and approval of all permits, design drawings, proposed materials and
plantings require approval by the Building Official.
Please make note of the following excerpt from the Development Code, Section 12.809 Lapse of
Approval.
12.809.A An approved conditional use application will lapse and have no further effect
18 months after it is approved by the City Council, unless:
1. A building permit has been issued (if required);
2. A certificate of occupancy has been issued; or
3. The conditional use has been lawfully established.
Page 3 of 4
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448 SH 75 N ˑ Huntsville, TX 77320-1118 ˑ 936-294-5700 ˑ 936-294-5701 fax ˑ www.huntsvilletx.gov
Our vision for the City of Huntsville is a community that is beautiful, historic, culturally
diverse, affordable, safe, and well planned with great opportunity for our citizens.
12.809.B The City Council is authorized to extend the expiration period for good cause
on up to 2 separate occasions, by up to one year each. Requests for extensions
must be submitted to the City Planner and forwarded to the City Council for a
final decision.
12.809.C A conditional use also lapses upon revocation of a building permit or a
certificate of occupancy for violations of conditions of approval or upon
expiration of a building permit to carry out the work authorized by the
conditional use approval.
This letter is your authorization to proceed with the required permitting for the project. If we may be
of further service to you, please do not hesitate to contact us at 936-294-5782.
Respectfully,
Leigha Larkins
Planner
CC: Travis and Tracy Hird, Property Owner
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CITY COUNCIL AGENDA
7/5/2022
Agenda Item Number: 3.a.
Agenda Item: Consider the appointments to City of Huntsville Boards, Commissions, and Committee for
expired terms or vacant board positions.
Initiating Department/Presenter: City Council
Presenter:
Andy Brauninger, Mayor
Recommended Motion: Move to appoint the Board and Commission members as presented.
Strategic Initiative: Goal #5, Resource Development - Enhance the quality of life for citizens, businesses
and visitors by leveraging the human and fiscal resources available to the community.
Discussion: Consider appointing members to a Zoning Ad Hoc Committee to provide guidance on the
creation of zoning districts as recommended in the Comprehensive Plan.
Please appoint Jon Strong, Juan Nunez, Ray Hernandez, Andy Isbell, Rhonda Ellisor, Helen Belcher, Mac
Woodward, and Jim Gumm to the Zoning Ad Hoc Committee
Previous Council Action: None
Financial Implications: There is no financial impact associated with this item.
Approvals:
Kristy Doll
Associated Information:
1.7-5-2022 Ad Hoc Zoning Board Appointments
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BOARDS/COMMISIONS/COMMITTEES BOARD MEMBER
Zoning Ad Hoc Committee
Jon Strong
Juan Nunez
Ray Hernandez
Andy Isbell
Rhonda Ellisor
Helen Belcher
Mac Woodward
Jim Gumm
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