May 15, 2012 Agenda Packet

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May 15, 2012 Agenda Packet

  1. 1. NOTICE OF A PUBLIC MEETING INCLUDING ADDENDUM AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, May 15, 2012 McNease Convention Center, South Meeting Room 500 Rio Concho DriveTHE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTHMAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCEIS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. everyday for two weeks beginning on the Thursday after each meeting. As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate” Thank You!I. OPEN SESSION (9:00 A.M.) A. Call to Order B. Prayer and Pledge "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.” C. Proclamation “Mental Health Month in San Angelo, May 2012,” as to be accepted by Melinda Martin, President of National Alliance on Mental Illness (NAMI) of the Concho Valley D. Recognitions Participants of the Lincoln Neighborhood Blitz for their generosity of supplies, equipment, time, and leadership: City Employees, ASU football team, Goodfellow AFB students and staff, Jr. League, and West Texas Organizing Strategy member churches, Habitat for Humanity, Valspar, Sherwin Williams, Arctic Glacier, and City of San Angelo Development Corporation City of San Angelo Employees for raising $98,799.08 for the 2011 United Way Campaign, for receiving the United Way Team award for creative fundraising, and the United Way Hall of Fame award for the amount of contributions; to be accepted by loaned executives Morgan Trainer, Budget Manager, James Flores, Code Enforcement Manager, and Sergeant Todd Dornhecker E. Public Comment The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment.II. CONSENT AGENDA 1. Consideration of approving the May 1, 2012 City Council Regular meeting minutes 2. Consideration of awarding the bid RFB No: PK-02-12/Irrigation Controls for central control irrigation systems to John Deere Landscapes for thirteen (13) Rain Master control systems/components in the amount of $66,161.25 and to All-Tex Irrigation and Supply for fourteen (14) Netafim master valves inCity Council Agenda Page 1 of 5 May 15, 2012
  2. 2. the amount of $16,146.60 and authorizing the Interim City Manager or his designee to execute any necessary related documents 3. Consideration of awarding bid WU-05-12 for the Hickory Booster Pump Station and Well Field to Archer Western Construction, L.L.C. not to exceed an amount of $12,853,000.00, authorizing staff to negotiate a contract, and authorizing the Interim City Manager, his Designee, or Water Utilities Director to execute said contract and any related documents 4. Consideration of adopting a Resolution ratifying the application and amendment to contract for, and accepting, additional FY2012 Texas Department of State Health Services, Public Health Emergency Preparedness (PHEP) grant funds in the amount of $15,758.00, to carry out the Centers For Disease Control public health emergency preparedness goals, and obligating the City to match eleven percent, not to exceed $1,751.00 5. Consideration of adopting a Resolution ratifying the application and contract for, and accepting additional FY2012 Texas Department of State Health Services, Regional and Local Services System (RLSS) grant funds in the amount of $28,015.12, to address public health environmental and food safety issues 6. Consideration of matters related to the placement of restrictive covenants on certain areas of streets and alleys within an area designated for environmental cleanup of shallow groundwater resulting from industrial pollution a. Consideration of adopting a Resolution supporting the remediation efforts of the SESCO site working group at the former San Angelo Electric Service Company facility in San Angelo Texas b. Consideration of adopting a Resolution authorizing the Interim City Manager or his designee to execute a letter agreement with Tetra Tech concurring with the monitoring of shallow ground water and to negotiate and execute restrictive covenants to be placed into deed records prohibiting exposure to groundwater relating to portions of three parcels of real property owned by the city located at or about North Browning and Pulliam Streets; North Baze and Upton Streets, and the alley from North Baze Street east to the Texas Pacifico Railroad right of way 7. Consideration of approving an appointment to MHMR Service for the Concho Valley Board of Trustees recommended by Liaison Representative Committee 8. Consideration to adopt a Resolution to repeal a Resolution originally adopted April 4, 2006 and later amended October 31, 2006 establishing an enforcement policy for ordinances prohibiting public nuisances such as garbage, weeds, junk, and unsanitary conditions 9. Consideration to adopt a Resolution denying a rate increase requested by ATMOS Energy Corporation on or about January 31, 2012; determining that the meeting complied with the Texas Open Meetings Act; and making other findings and provisions related to the subject 10. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 12-03: Daniel Anderson AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 320 West 26th Street, approximately 650 feet east from the intersection of North Bryant Boulevard and West 26th Street, more specifically occupying H.O. Byrd Subdivision, the west 128 feet Lot 23 in northern San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to Light Manufacturing (ML) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYCity Council Agenda Page 2 of 5 May 15, 2012
  3. 3. 11. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 12-04: Claudia Perez AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 2687 & 2695 Armstrong Street, approximately 400 feet south from the intersection of Armstrong Street and East 28th Street. More specifically occupying the Lewis Subdivision, Block 1, Lots 3 & 4 in northern San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 12. Second Hearing and consideration of adoption of an Ordinance amending the 2011-2012 Budget for grants, new projects and incomplete projects AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTSAddendum Consideration of approving a $7,000.00 contribution to the Concho Valley Transit District to provide local matching funds for creation of a new bus route to serve Goodfellow Air Force Base and major retail and entertainment destinationsIII. REGULAR AGENDA: F. EXECUTIVE/CLOSED SESSION Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.071(2) to consult with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter on issues related to the Texas Open Meetings Act Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo G. PUBLIC HEARING AND COMMENT 13. Discussion and direction regarding options for preparation of sub-district planning document as outlined in CED 05-11 for Lake Nasworthy (Presentation by Planning Manager AJ Fawver and Scott Polikov, AICP, CNU, Gateway Planning Group) 14. Presentation of the 1st Quarter 2012 Report from the Chamber of Commerce Economic Development Council and the Convention & Visitors Bureau (CVB) (Presentation by CVB Vice President Pamela Miller, and Vice President Marketing & Recruitment for Economic Development John Dugan) 15.City Council Agenda Page 3 of 5 May 15, 2012
  4. 4. 16. Update on and discussion of City Auditorium renovations, and any action in connection thereto (Presentation by Civic Events Manager Anthony Wilson) 17. Discussion and consideration for staff to negotiate an addendum to the Holmes-Murphy & Associates contract with their affiliate company, ACAP Health, for Clinical Care Engineering (CCE) services for the Health Insurance Program (Presentation by Human Resources Director Lisa Marley and ACAP Health Representative David Toomey) 18. First Public Hearing and consideration of introduction of an Ordinance amending Bed & Breakfast regulations catalog AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 12, EXHIBIT A “ZONING ORDINANCE”, ARTICLE 4 “SPECIFIC USE STANDARDS”, BY AMENDING SECTION 406 “BED AND BREAKFAST ESTABLISHMENTS”, TO PROVIDE SPECIFIC USE STANDARDS FOR BED AND BREAKFAST APPLICABLE IN ALL ZONING DISTRICTS, AND ADDITIONAL SPECIFIC USE STANDARDS APPLICABLE IN RESIDENTIAL ZONE DISTRICTS; AMENDING ARTICLE 3 “USE REGULATIONS”, SECTION 309 “USE TABLE”, BY RESTATING THAT PART OF THE USE TABLE DESIGNATED “COMMERCIAL”, “BED & BREAKFAST”, CONSISTENT WITH THE AMENDMENT OF SECTION 406; PROVIDING FOR SEVERABILITY; PROVIDING COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT; AND, PROVIDING FOR AN EFFECTIVE DATE (Presentation by Planning Manager AJ Fawver) 19. First public hearing and introduction of an Ordinance amending Article 8 of the City of San Angelo Code of Ordinances, and adopting Article 8.100 related to prohibiting the parking of vehicles on unimproved surfaces in certain situations and in residential districts AN ORDINANCE AMENDING CHAPTER 8 (OFFENSES AND NUISANCES) BY ADDING A NEW ARTICLE 8.1000 PROHIBITING PARKING OF VEHICLES ON UNIMPROVED SURFACES, IN CERTAIN SITUATIONS AND IN RESIDENTIAL DISTRICTS OF SAN ANGELO; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY AND PROVIDING AN EFFECTIVE DATE (Presentation by Planning Manager AJ Fawver) 20. Consideration of adopting a Resolution nominating Ethicon, Inc. to the Office of the Governor Economic Development & Tourism through the Economic Development Bank as an Enterprise Project (Presentation by Community and Economic Development Director Shawn Lewis) 21. Consideration of approving a variance to the City of San Angelo Water Conservation And Drought Contingency Ordinance (Article 11.200; Section 11.202; Subsection 8) (Article 11.200; Section 11.203; Subsection D; Part 2A) (Article 11.200; Section 11.203; Subsection E; Part 2A) regarding watering frequency/schedules for City parks and sports fields, Santa Fe Golf Course, and Fairmount Cemetery (Presentation by Parks Division Superintendent Roger D. Havlak) 22. Discussion and possible action on Solid Waste Collection and Landfill Operations (Presentation by Operations Director Ricky Dickson) 23. Discussion of and possible action on matters related to the Hickory Water Supply Project, water treatment options, and the project annual production rate/capacity (Presentation by Water Utilities Director Will Wilde and Carollo Engineering representative Hutch Musallam)City Council Agenda Page 4 of 5 May 15, 2012
  5. 5. 24. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 2, Section 2.129 regarding travel reimbursement for City Council and aligning with the recently approved Employee Expense Policy AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION”, ARTICLE 2.100 ENTITLED “CITY COUNCIL”, SECTION 2.129 ENTITLED “TRAVEL EXPENSES AND REIMBURSEMENTS”, BY AMENDING SUBSECTION (A) REGARDING TRAVEL SETTLEMENTS FOR ANY COUNCILMEMBER, OF THE SAN ANGELO CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE (Presentation by Interim City Manager Michael Dane) 25. Discussion and update on matters related to the Boards & Commissions Consolidation (Presentation by City Clerk Alicia Ramirez and Board Liaisons) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 26. Consideration of matters discussed in Executive/Session, if needed 27. Consideration of Future Agenda Items 28. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Thursday, May 10, 2012, at 5:00 P.M. /x/________________________ Alicia Ramirez, City ClerkCity Council Agenda Page 5 of 5 May 15, 2012
  6. 6. PROCLAMATIONWHEREAS, mental health is essential to everyone’s overall health and well-being; andWHEREAS, all Americans experience times of difficulty and stress in their lives; andWHEREAS, prevention is an effective way to reduce the burden of mental health conditions; andWHEREAS, there is a strong body of research that supports specific tools that all Americans can use to better handle challenges, and protect their health and well-being; andWHEREAS, mental health conditions are real and prevalent in our nation; andWHEREAS, with effective treatment, those individuals with mental health conditions can recover and lead full, productive lives; andWHEREAS, each business, school, government agency, healthcare provider, organization and citizen shares the burden of mental health problems and has a responsibility to promote mental wellness and support prevention efforts.NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of theCity Council, do hereby proclaim May 2012 as “Mental Health Month”in San Angelo. As the Mayor of San Angelo, I also call upon the citizens, governmentagencies, public and private institutions, businesses and schools in San Angelo to recommitour community to increasing awareness and understanding of mental illnesses, the steps ourcitizens can take to protect their mental health, and the need for appropriate and accessibleservices for all people with mental health conditions. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 15th day of May, 2012. THE CITY OF SAN ANGELO ___________________________ Alvin New, Mayor
  7. 7. City of San AngeloMemoDate: May 8, 2012To: Mayor and Council MembersFrom: Robert Salas, Neighborhood & Family Services DirectorSubject: Special Recognition for May 15, 2012 Council MeetingContact: Robert Salas 657-4274Caption: Special Recognition Consideration of special recognition for participants of the Lincoln Neighborhood Blitz for their generosity of supplies, equipment, time, and leadership-------------------------------------------------------------------------------------------------------------------------------------------Summary: On April 20 and 28, 2012, city employees and community volunteers joined forces to makeSan Angelo a better place to live by participating in the annual neighborhood paint and clean-up blitz.Teams repaired and painted 48 homes in the old Lincoln Middle School area, collected and disposed ofover 73 tons of debris and junk, painted the interiors of city facilities such as the Southside and Carl RayRecreation Centers, repaired structures at Ft Concho, and spruced up the Lakeview Little League fields.The city would like to recognize city team leaders for their exemplary leadership, community organizationsthat volunteered their time and resources, and COSA Development Corp for providing funding for thisimportant event.History: Joining the 400 city employees were community volunteers that included the ASU football team,Goodfellow AFB students and staff, the Jr. League, and West Texas Organizing Strategy (WTOS)member churches. Once again, the city partnered with Habitat for Humanity to provide supplies throughtheir Brush with Kindness program, and with WTOS who supplied meals. Other sponsors includedValspar, Sherwin Williams, Arctic Glacier and COSA Development Corp who provided the funding torepair or replace siding.This was the fourth city sponsored event. The total combined efforts have yielded over 573 tons of junkand debris collected and disposed of and 127 homes painted. This event supported the city’sneighborhood revitalization strategy.Financial Impact: None.Related Goal Item: Neighborhood RevitalizationOther Information/Recommendations: NoneAttachments: NonePresentation: None.Publication: None.Reviewed by Service Area Director: N/A
  8. 8. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 455Tuesday, May 1, 2012 Vol. 103 OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, May 1, 2012, inthe San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorizedmembers of the Council, to-wit: Mayor, Alvin New Councilmember Paul Alexander Councilmember Dwain Morrison Councilmember Johnny Silvas Councilmember Fredd B. Adams, II Councilmember Kendall Hirschfeld Councilmember Charlotte Farmerwere present and acting, with the exception of Councilmember Silvas, thus constituting a quorum. Whereupon,the following business was transacted:An invocation was given by Brother Bernie Guebara, Associate Pastor with the Bethel Assembly of God andpledge was led by Hallee Carlson, 5th Grader and Hayden Carlson, 2nd Grader, at Angelo Catholic School.PROCLAMATIONS AND RECOGNITION“National Fallen Firefighters Memorial”, “Better Angels – Firefighters of 9/11 Remembered”, May 2nd – 5th,2012, was accepted by Mike Robertson, President of the Military Firefighter Heritage Foundation“National Preservation Month”, May 2012, was accepted by Brenda Gunter, President of Downtown SanAngelo, Inc., and Genora Young, Executive Director of Downtown San Angelo, Inc.“Police Week”, May 13th - May 19th, 2012 and “Peace Officers Memorial Day” May 15, 2012, was accepted byTim Vasquez, Chief of Police.“Bicycle Safety Awareness Month”, May 2012, was accepted by Gene Potter of the San Angelo BicycleAssociation.“Motorcycle Safety Awareness Month”, May 2012, was accepted by Linda Ashton, Rider Coach of SouthwestMotorcycle Training.Best Practices Re-Certification Recognition, City of San Angelo Police Department, presented by StanStandridge, Abilene Chief of Police and representative of Texas Law Enforcement Recognition Program, wasaccepted by Tim Vasquez, Chief of Police, Kevin Hollway, Jeff Fant, Robert Martinez, Assistant Chiefs ofPolice, and Dennis McGuire, Sergeant.PUBLIC COMMENTNo one came forward to comment publicly.CONSENT AGENDAAPPROVAL OF THE APRIL 17, 2012 CITY COUNCIL REGULAR MEETING MINUTESAWARD OF BIDS AND AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TOEXECUTE ANY NECESSARY RELATED DOCUMENTS:WU-06-12: Water Meters, HD Supply Waterworks (San Angelo, TX), $138,750.00
  9. 9. Page 456 MinutesVol. 103 May 1, 2012AWARD OF RFP VM-02-12 FOR DIGGER DERRICK DEALERS TO ALTEC NUECO,AUTHORIZING STAFF TO NEGOTIATE A CONTRACT NOT TO EXCEED $100.000.00, ANDAUTHORIZATION FOR THE INTERIM CITY MANAGER TO EXECUTE SAID CONTRACT ANDANY NECESSARY RELATED DOCUMENTSAUTHORIZATION FOR THE SALE OF 3253 RED BLUFF WEST, 3253 RED BLUFF ROAD WEST,LOT 111, GROUP RED BLUFF (LEWIS), FOR THE APPRAISED VALUE OF $71,700.00 ANDAUTHORIZATION FOR THE MAYOR, CITY MANAGER, OR WATER UTILITIES DIRECTOR TOEXECUTE ALL NECESSARY LEGAL DOCUMENTS PERTAINING TO THE SALE OF SUBJECTPROPERTY, SUBJECT TO COMPLETION OF ALL CURATIVE REQUIREMENTSAUTHORIZATION FOR THE INTERIM CITY MANAGER AND WATER UTILITIES DIRECTORTO MAKE AN APPLICATION, NEGOTIATE, AND EXECUTE A CONTRACT WITH AEP TEXASFOR THE ELECTRIC LOAD MANAGEMENT PROGRAM, AND TO ACCEPT THE FUNDS UPONAPPROVAL OF THE APPLICATION AND AWARD OF THE PROGRAMAUTHORIZATION FOR THE CITY OF SAN ANGELO TO ENTER INTO AN INTERLOCALAGREEMENT WITH THE TOM GREEN COUNTY SHERIFF’S OFFICE FOR THE PURPOSE OFJOINTLY APPLYING FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANTAND AUTHORIZATION FOR THE INTERIM CITY MANAGER TO EXECUTE ANY NECESSARYRELATED DOCUMENTSAUTHORIZATION FOR THE INTERIM CITY MANAGER TO EXECUTE THE THIRDAMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF SAN ANGELO ANDFEDERAL EXPRESS CORPORATION IN THE AMOUNT OF $45,113.04 ANNUALLY AT THESAN ANGELO REGIONAL AIRPORTAPPROVAL OF BYLAWS DRAFTED TO GOVERN THE DOWNTOWN DEVELOPMENTCOMMISSIONAPPROVAL OF A NON EXCLUSIVE LICENSE AGREEMENT BETWEEN THE CITY OF SANANGELO AND JEFF PARTUSCH, OWNER OF 113 E. CONCHO AVENUE, FOR PLACEMENT OFA CONCRETE DUMPSTER PAD, DUMPSTER, AND SCREENING FENCE ON THE SOUTHWESTCORNER OF THE PARKING AREA IN BART DEWITT PARK FOR USE BY BUSINESSES IN THE100 BLOCK OF CONCHO AVENUE, FOR USE AS AUTHORIZED IN THE AGREEMENT, ANDAUTHORIZATION FOR THE INTERIM CITY MANAGER TO EXECUTE SAID AGREEMENTSECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 9, LAKES,PARKS AND RECREATION AREAS, ARTICLE 9.200 OF THE CITY OF SAN ANGELO CODE OFORDINANCES BY ADDING SECTION 9.209 RELATED TO TEMPORARY VARIANCES FROMCITY ORDINANCES FOR SPECIAL EVENTS ON CITY PROPERTY (ANNEX A, PAGE 463,ORDINANCE #2012-05-056)AN ORDINANCE AMENDING CHAPTER 9 ENTITLED “LAKES, PARKS AND RECREATION AREAS,”ARTICLE 9.200, ENTITLED “PARKS,” BY ADDING A NEW SUBSECTION 9.209, ENTITLED“SPECIAL EVENTS,” OF THE SAN ANGELO CODE OF ORDINANCES, PROVIDING FORSEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATEADOPTION OF A RESOLUTION AUTHORIZING APPLICANT, SAN ANGELO BLUES SOCIETY,TO HOLD A SPECIAL EVENT DOWNTOWN KNOWN AS “SIMPLY TEXAS BLUES FESTIVAL”ON MAY 12, 2012 AND GRANTING VARIANCES FROM CITY ORDINANCES, INCLUDINGNOISE ORDINANCE (ANNEX B, PAGE 465, RESOLUTION #2012-05-057R)Councilmembers Adams and Morrison requested items WU-03-12 and PI-01-11 be considered in the RegularAgenda. Council concurred.
  10. 10. Minutes Page 457May 1, 2012 Vol. 103Motion, to approve the Consent Agenda, with the exception of items WU-03-12 and PI-01-11, as presented, wasmade by and seconded by. Motion carried unanimously.REGULAR AGENDA: PUBLIC HEARING AND COMMENTAWARD OF BIDS AND AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TOEXECUTE ANY NECESSARY RELATED DOCUMENTS:WU-03-12: Soil Sampling, SKG Engineering (San Angelo, TX), $4,399.89Councilmember Adams clarified this sampling was a requirement by Texas Commission on EnvironmentalQuality.Motion, to award, as presented, was made by Councilmember Adams and seconded by CouncilmemberHirschfeld. Motion carried unanimously.APPROVAL OF A RECOMMENDATION FROM THE EVALUATION TEAM TO AWARD RFP: PI-01-11/WEBSITE DESIGN CONTRACT TO VISION INTERNET, IN AN AMOUNT NOT TO EXCEED$40,000.00 FOR DESIGN OF A NEW, CUSTOM WEBSITE FOR THE CITY OF SAN ANGELO, ANDAUTHORIZATION FOR THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITHTHE RECOMMENDED VENDORRequested by Councilmember Morrison and responding to questions from Citizen Jim Turner, MultimediaCoordinator Brian Groves presented background information regarding the capability of the various functionsthe web host would build and design; the cost, related expenditures for the project, and the timeframe tocomplete the project; and the length of the contract.General discussion was held on the capability of the web host, continuous technology changes, open sourcesolutions, user friendly features, back office capability, and possibly considering Code for America as an opensource framework provider.Public comments were made by Citizen Jim Turner and Ann Joseph.Motion, to accept, as presented, was made by Councilmember Adams and seconded by CouncilmemberAlexander.Councilmember Morrison expressed his concern on the specifics of the proposal and the unknown facts to moveforward with the website design.A vote was taken on the motion on the floor. AYE: Alexander, Adams, Hirschfeld, and Farmer. NAY: Newand Morrison. Motion carried 4-2.RECESSAt 10:01 A.M., Mayor New called a recess.RECONVENEAt 10:17 A.M., Council reconvened, and the following business was transacted:PRESENTATION OF DOWNTOWN SAN ANGELO, INC., 4TH QUARTER 2011 AND 1ST QUARTER 2012REPORTSDSA Executive Director Genora C. Young and DSA Board President Brenda Gunter presented backgroundinformation. A copy of the presentation is part of the Permanent Supplemental Minute record.DENIAL OF THE CITY OF SAN ANGELO’S PARTICIPATION IN THE NATIONAL LEAGUE OF CITIES(NLC) SERVICE LINE WARRANTY PROGRAM AND INTERLOCAL AGREEMENT WITH NORTHCENTRAL TEXAS COUNCIL OF GOVERNMENTS, PURSUANT TO MASTER CONTRACT WITH UTILITYSERVICE PARTNERS PRIVATE LABEL, INC. (“USP”) FOR WATER AND SEWER LINE REPAIR
  11. 11. Page 458 MinutesVol. 103 May 1, 2012COVERAGE TO HOMEOWNERS RESIDING WITHIN THE CITY AS PART OF A PROTECTION PROGRAMAssistant City Manager Elizabeth Grindstaff and Utility Service Partners, Inc., General Manager Brian Davispresented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.General discussion was held on sample city claims, business model, potential revenue, revenue sharing, NLCand Council of Government partners, and other cities endorsing the plan.Public comments were made by Citizen Jim Turner.Council directed staff to work directly with the company and its financial model, positive impact for thecitizens, and further direct staff to negotiate and craft a better deal for the citizens. Responding to questionsfrom Council, Mr. Davis stated there were no pre-existing conditions of the home, including the age of the homeand its bearing on the premium rate, existence of water wells or septic tanks, soil shifting, and/or any otherissues that may contribute to the claim. Councilmember Adams spoke in support of the program and suggestedCouncil reconsider their choice to endorse companies.Motion, to deny endorsement of the proposed plan, was made by Councilmember Morrison and seconded byCouncilmember Hirschfeld. AYE: New, Morrison, Hirschfeld, and Farmer. NAY: Alexander and Adams.Motion carried 4-2.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ 12-03: Daniel AndersonAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OFSAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS,USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BYCHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 320 West26th Street, approximately 650 feet east from the intersection of North Bryant Boulevard and West 26th Street, morespecifically occupying H.O. Byrd Subdivision, the west 128 feet Lot 23 in northern San Angelo, changing the zoningclassification from Single-Family Residential (RS-1) to Light Manufacturing (ML) District; PROVIDING FORSEVERABILITY AND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Public comment was made by engineer Herb Hooker and proponent Daniel Anderson.Motion, to introduce the Ordinance, revising the zone request from Heavy Commercial (CH) to LightManufacturing (ML), as presented, was made by Councilmember Morrison and seconded by CouncilmemberHirschfeld. AYE: New, Alexander, Morrison, Hirschfeld, and Farmer. NAY: Adams. Motion carried 5-1.FIRST PUBLIC HEARING AND APPROVAL OF THE PLANNING COMMISSION’SRECOMMENDATION MODIFYING A REQUEST FOR A ZONE CHANGE FROM SINGLE-FAMILYRESIDENTIAL (RS-1) TO HEAVY COMMERCIAL (CH), ALTERNATIVELY RECOMMENDING AZONE CHANGE FROM SINGLE-FAMILY RESIDENTIAL (RS-1) TO GENERAL COMMERCIAL(CG) WITH AN INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ 12-04: Claudia PerezAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 2687 & 2695 Armstrong Street, approximately 400 feet south from
  12. 12. Minutes Page 459May 1, 2012 Vol. 103the intersection of Armstrong Street and East 28th Street. More specifically occupying the LewisSubdivision, Block 1, Lots 3 & 4 in northern San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to General Commercial (CG) District; PROVIDING FOR SEVERABILITYAND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Councilmember Morrison expressed his concern regarding the change to GC and spoke in opposition of thechange.General discussion was held on the proposed zoning between CG and Neighborhood Commercial, conditionaluses, and future use should the proponent sale the property.Public comment was made by Proponent Jose Guerrero and Citizen Jim Turner.Motion, to introduce the Ordinance, as presented and recommended by the Planning Commission, was made byCouncilmember Hirschfeld and seconded by Councilmember Adams. AYE: New, Alexander, Adams,Hirschfeld, and Farmer. NAY: Morrison. Motion carried 5-1.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ 12-03: Howard College CampusAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 3501 North US Highway 67, encompassing the area known as theHoward College, more specifically, being 33.802 acres out of the J. Pointevent Survey 1113, Abstract 4873, andPaulann Park Addition, Section 3, Tract H, being 0.76 acre, and Paulann Park Addition, Section 3, Tract G,being the northwestern 0.145 acre, in northeast San Angelo, a zone change from a combination of GeneralCommercial (CG) and Light Manufacturing (ML) to Planned Development (PD) District; PROVIDING FORSEVERABILITY AND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.General discussion was held on stormwater management, future requirements of the planned development, andthe zoning of the proposed planned development.Public comments were made by Howard College Provost LeAnne Byrd and Parkhill, Smith, Cooper EngineerRenee Franks.Motion, to introduce the Ordinance, as presented, was made by Councilmember Adams and seconded byCouncilmember Hirschfeld. Motion carried unanimously.APPROVAL OF THE CREATION OF A SCULPTURE GARDEN AT SUNKEN GARDEN PARKParks and Recreation Director Carl White presented background information. A copy of the presentation is partof the Permanent Supplemental Minute record.Motion, to approve, as presented, was made by Councilmember Hirschfeld and seconded by CouncilmemberAdams.Public comment was made by Citizen Robert Banskter.General discussion was held on the potential vandalism and staff informed the artist was responsible for their
  13. 13. Page 460 MinutesVol. 103 May 1, 2012work.A vote was taken on the motion on the floor. Motion carried unanimously.RECESSAt 12:51 P.M., Mayor New called a recess.EXECUTIVE/CLOSED SESSIONAt 1:21 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. OpenGovernment; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions toRequirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value ofreal property; and, Section 551.087 to discuss an offer of financial or other incentive to a company or companieswith whom the City of San Angelo is conducting economic development negotiations and which the City of SanAngelo seeks to have, locate, stay or expand in San AngeloOPEN SESSION (continued)At 2:52 P.M. City Council concluded the Executive/Closed Session whereupon the following business wastransacted:RECESSAt 2:52 P.M., Mayor New called a recess.RECONVENEAt 3:03 P.M., Council reconvened, and the following business was transacted:DIRECTION TO REMAND THE ITEM TO THE CITY OF SAN ANGELO DEVELOPMENTCORPORATION (COSADC) BOARD OF DIRECTORS RECONSIDERING MATTERS RELATED TOTHE ALLOCATION FOR $455,000.00 OF HALF-CENT SALES TAX FUNDS FOR THECONSTRUCTION OF A 25 FOOT WIDE EXTENSION OF SMITH BLVD. TO PAUL ANN BLVD. FORTHE PURPOSE OF FACILITATING ACCESS TO THE COMMERCIAL PROPERTY IN THECHAPARRAL INDUSTRIAL PARKCommunity and Economic Development Director Shawn Lewis presented background information. A copy ofthe presentation is part of the Permanent Supplemental Minute record.General discussion was held to further discuss proposed site plan with Texas Department of Transportation(TxDOT) regarding utilizing the access road, developing road from Hwy 277 to PaulAnn Blvd, adding a longerleft turn lane thereby providing access two different ways, suggested developing Smith Blvd part of the CapitalImprovement Plan versus utilizing economic development monies, alleviating the creation of another AngeloState University roadway issue, and developing Smith Blvd. as a residential roadway to discourage increasedtraffic and large industrial truck traffic.Councilmember Morrison spoke in support of the proposal as presented.Councilmember Adams suggested another proposed route for the industrial truck traffic.Responding to a question from Councilmember Alexander, Ms. Byrd stated the completion of Smith Blvd is nottied to the various grants they are seeking to complete the project.Council directed staff to remand the item to the Development Corporation (DC) and present the item asrecommended at the next meeting upon review and recommendation by the DC.DISCUSSION AND POSSIBLE ACTION ON AUTHORIZING THE PURCHASE OF BALL FIELDNETTING AT THE TEXAS BANK SPORTS COMPLEXRequested by Councilmember Morrison, Recreation Manager MaryAnn Vasquez presented background
  14. 14. Minutes Page 461May 1, 2012 Vol. 103information. A copy of the presentation is part of the Permanent Supplemental Minute record.General discussion was held on installation time, coinciding project for the next budget, and researching othernetting alternatives. Council directed staff to research other alternatives and present the item at a futuremeeting.
  15. 15. Page 462 MinutesVol. 103 May 1, 2012FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2011-2012BUDGET FOR GRANTS, NEW PROJECTS AND INCOMPLETE PROJECTSAN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCALYEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR NEW PROJECTS,INCOMPLETE PROJECTS, AND GRANTSBudget Manager Morgan Trainer presented background information.Motion, to introduce the Ordinance, as presented, was made by Mayor New and seconded by CouncilmemberAdams. Motion carried unanimously.FOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONNo action was taken on matters discussed in Executive/Closed Session.ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMSSpecial City Council Meeting – May 22, 2012 – Canvass of May 12, 2012 General ElectionCONSIDERATION OF FUTURE AGENDA ITEMSInterim City Manager Michael Dane distributed the proposed May 15, 2012 Agenda and solicited Councilcomments and suggestions.Mayor requested information for the next Airport Board Meeting regarding Fixed Base Operators request forbid in Oct 2012.Update on $25 Fire Inspection Fee process and the history as to why such was implemented.ADJOURNMENTMotion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Adams. Motioncarried unanimously.The meeting adjourned at 3:50 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, MayorATTEST:_______________________________Alicia Ramirez, City ClerkAnnexes A-BIn accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of thismeeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Councilmeetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased fromthe Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording
  16. 16. Minutes Page 463May 1, 2012 Vol. 103may be distorted due to equipment malfunction or other uncontrollable factors.) THIS PAGE INTENTIONALLY LEFT BLANK.
  17. 17. City of San AngeloMemo Date: April 23, 2012 To: Mayor and Council members From: Roger D. Havlak, Parks Division Superintendent Subject: Agenda Item for May 15, 2012 Council Meeting Contact: Roger D. Havlak, Parks Division, 325/234-0259 Caption: Consent Agenda Item Consideration of awarding the bid (RFB No: PK-02-12/Irrigation Controls) for central control irrigation systems to John Deere Landscapes for thirteen (13) Rain Master control systems/components in the amount of $66,161.25 and to All-Tex Irrigation and Supply for fourteen (14) Netafim master valves in the amount of $16,146.60 and authorizing the Interim City Manager or his designee to execute any necessary related documents. Summary: The purpose of this request is for the authorization to purchase thirteen central control irrigation systems and fourteen master valves to be placed in various parks and sports fields in San Angelo, Texas. The Parks Division has purchased and installed the components needed to set up and utilize the central control irrigation systems at the Texas Bank Sports Complex and Community Park, City Park, Producer’s Park, and Meadowcreek Park. This system is also in the construction contracts for the Concho River Project and Rio Vista Park renovation. Park’s staff is requesting funds (up to $110,500) through the CIP program to purchase and install these central control irrigation systems at 9 other park and sports field sites (13 controllers and 14 master valves). This type of computerized automated system would allow the staff to control the settings, troubleshoot, receive data on problematic irrigation systems, monitor and utilize evapotranspiration data, etc., from a single office location or online with a smart phone/laptop. The efficiency and effectiveness of applying irrigation water in order to conserve water and reduce costs would be greatly enhanced with these systems in place. Substantial amounts of time (labor), fuel, and water (up to 15%) will be saved if we can implement this system throughout these sites. In addition, the controller system is capable of monitoring/controlling light systems at these locations, which would further decrease the costs of labor, fuel, and electricity. History: On January 17, 2012 Council briefly discussed using half-cent sales taxes dedicated to park improvements for this project due to its strong potential to save water and labor.
  18. 18. Financial Impact: If approved, funding would come from half-cent sales taxes dedicated to park improvements as previously discussed. Park’s staff anticipates water savings of up to 11.2 million gallons (34 acre-feet) per year and an estimated savings of up to $38,000 per year for irrigation water, fuel, and labor.Other Information/ Staff recommends approval.Recommendation:Attachments: RFB NO: PK-02-12/Irrigation Controls Bid TabulationPresentation: NoneReviewed by: Carl White, Parks and Recreation Director Roger Banks, Purchasing Director
  19. 19. CITY OF SAN ANGELO Bid Tabulaltion/ RFB NO: PK-02-12/Irrigations Controls * April 10, 2012 John Deere Landscape ALL-TEX Watermaster Extended Unit Extended Extended Item Description Estimated Qty Unit QTY Unit Price Price Price Price Unit Price Price Rain Master /RM High Gain 20 1 417-1001 ea 13 $ 84.99 $ 1,104.87 $ - $ - $ 89.25 $ 1,160.25 Antenna Cable Rain Master /DX 12 ST 2 DX 12 - PWM-T ea 2 1,703.46 3,406.92 0.00 0.00 1,788.63 3,577.26 CTLR/Wall/Trans Rain Master /DX 18 ST 3 DX 18 - PWM-T ea 6 2,096.18 12,577.08 0.00 0.00 2,200.99 13,205.94 CTLR/Wall/Trans Rain Master /DX 24 ST 4 DX 24 - PWM-T ea 2 2,490.55 4,981.10 0.00 0.00 2,615.07 5,230.14 CTLR/Wall/Trans Rain Master DX 48 ST 5 DX 48 - PWM-T ea 0 0.00 0.00 0.00 0.00 4,269.66 0.00 CTLR/Wall/Trans Rain Master /DX 6 ST 6 DX 6 - PWM-T ea 3 1,309.91 3,929.73 0.00 0.00 1,375.40 4,126.20 CTLR/Wall/Trans Rain Master Common Interrupt 7 DXCID-KIT ea 13 56.00 728.00 0.00 0.00 58.80 764.40 Kit For Dx Rain Master Flow-Weather 8 DX-FLOW ea 13 415.00 5,395.00 0.00 0.00 435.75 5,664.75 Sensor Board Rain Master EV Radio W/Rf 9 DX-RADIO-KIT ea 13 1,618.00 21,034.00 0.00 0.00 1,698.90 22,085.70 Comm Board Rain Master EV High Gain10 EV-ANT-F ea 13 645.00 8,385.00 0.00 0.00 677.25 8,804.25 Vertical Antenna Rain Master Sensor/Data11 EV-CAB-SEN Per/ft 8000 0.40 3,200.00 0.00 0.00 0.42 3,360.00 Cable NetafimNetafim 2" Hydrometer12 LHM2FG1-PRMEL ea 1 1,090.66 1,090.66 568.00 568.00 728.48 728.48 P.R. NetafimNetafim 4" Hydrometer13 LHM4FG1-PRMEL ea 13 1,463.66 19,027.58 1,198.32 15,578.16 1,536.84 19,978.92 P.R. Complete Remote Set14 PROMAX ea 1 1,419.55 1,419.55 0.00 0.00 1,490.52 1,490.52 (Rainmaster controllers only)* Total Bid $ 86,279.49 $ 16,146.16 $ 90,176.81 John Deere Landscape ALL-TEX WatermasterY:12-RFXParksPK0112 Sprinkler ControlsBid Tab
  20. 20. Delivery Date (Calendar Days): 7 to 14 30 20 Allows Piggy Back Procuements: Yes Yes Yes Requests for Bids were mailed to: All-Tex Irrigation & Supply San Angelo, TX John Deere Green Tech Houston, TX John Deere Green Tech Austin, TX John Deere Landscapes (GT) Lubbock, TX Morrison Supply Company San Angelo, TX Watermaster Irrigation Supply INC. Lubbock, TXY:12-RFXParksPK0112 Sprinkler ControlsBid Tab
  21. 21. DOCUMENT 00_52_00 AGREEMENT SUGGESTED FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) City of San Angelo, a Texas home-rule municipalTHIS AGREEMENT is by and between corporation, (“Owner”) andArcher Western Construction, LLC (“Contractor”).Owner and Contractor hereby agree as follows:ARTICLE 1 – WORK1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:Hickory Water Supply Project – Booster Pump Station and Well Field No, WU-05-12 (“RFB No. WU-05-12”) at San Angelo, TexasARTICLE 2 – THE PROJECT2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:Contractor agrees to perform all of the Work and furnish all of the material, supplies, tools,equipment, labor and other services necessary for the construction and completion of the Workdescribed in the Contract Documents for the construction of a Booster Pump Station and Well Fieldlocated within Tom Green, Concho, Menard and McCulloch Counties, Texas, as directed by the Cityto include: providing and constructing a complete and functional Booster Pump Station and WellField. The Work shall include, but shall not be limited to, piping, equipment, electrical building, flowmeter vaults, all weather access road, grading functional Booster Pump Station and Well Fieldinclusive of piping, equipment, electrical building, flow meter vaults, all weather access road, grading,associated electrical, joint restraints; blocking; valves; fittings; combination air/vacuum relief valves;vaults; fence, repairs and permanent gates; temporary blow-offs; repair asphalt cuts; signs; provide,install and maintain traffic barricades (including engineered designed plans); maintain site safety;provide, design, install and maintain Trench Safety System; provide and maintain constructionsurveying and staking; provide and maintain a stormwater plan and permit; return construction site topre-construction condition or better; and all appurtenances or other items required to provide acomplete, functional system as described and shown in the Contract Documents. Contractor shallprovide all labor for preparing the worksite and furnish all material, accessories, labor, and equipmentnecessary for completing Work; and, all other work specified in the technical specification documentsand drawings included with the Contract Documents.ARTICLE 3 – ENGINEER3.01 The Project has been designed by Carollo Engineers, Incorporated (Engineer), which is to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.ARTICLE 4 – CONTRACT TIMES4.01 Time of the EssenceApril 2012 – ADDENDUM NO. 2 00_52_00-1 8173A10 400pw://Carollo/Documents/Client/TX/San Angelo/8173A10 400 Pump Station/Deliverables/Addendum No.2/00_52_00.docx (Add No. 2)
  22. 22. A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.4.02 Days to Achieve Substantial Completion and Final Payment A. The Work shall be substantially completed within 365 consecutive calendar days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 395 consecutive calendar days after the date when the Contract Times commence to run.4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $3500 for each day that expires after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $2000 for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment.ARTICLE 5 – CONTRACT PRICE5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts listed below: UNIT PRICE SCHEDULE - BASE BID No. Description Unit Estimated Unit Price $ Total Quantity Estimated Price $ 1. Booster Pump Station Civil, Architectural, Lump Sum 1 2,194,000 2,194,000 Structural and Mechanical, including: civil sitework along access road from FM 2028 and booster pump station site, fencing, gates, piping and valves, pumps, electrical building construction, concrete, masonry, HVAC, painting, coating, and all civil, architectural, structural, and mechanical appurtenances and accessories, testing, start-up, and training. 2. Booster Pump Station Electrical, Lump Sum 1 2,167,000 2,167,000 Instrumentation and Controls including: electrical equipment, wiring, conduit and ductbank, utility connections, panels, cabinets, instruments at the booster pump station site and along the access road from FM 2028.April 2012 – ADDENDUM NO. 2 00_52_00-2 8173A10 400pw://Carollo/Documents/Client/TX/San Angelo/8173A10 400 Pump Station/Deliverables/Addendum No.2/00_52_00.docx (Add No. 2)
  23. 23. UNIT PRICE SCHEDULE - BASE BID No. Description Unit Estimated Unit Price $ Total Quantity Estimated Price $ 3. Well obstruction removal, cleaning, Lump Sum 1 290,000 290,000 brushing, debris removal, and video survey of wells 1-9, including the formal submittal of all associated reports, documentation, and video survey information. 4. Well Field pumps and columns including: Lump Sum 1 2,133,000 2,133,000 installation of well pumps, pump columns, and pitless adapters at wells 1-9. 5. Well Field civil, mechanical, structural, Lump Sum 1 2,431,000 2,431,000 and architectural, including: piping and valves, construction of electrical buildings, HVAC, fences and gates, site grading for wells 1-9, and the construction of the access road from the booster pump station to wells 1-9, electrical, instrumentation, and controls at wells 1-9 and throughout the well field, and associated civil, mechanical, structural, and architectural appurtenances and accessories, testing start-up, and training. 6. Electrical, Instrumentation and Controls Lump Sum 1 2,037,000 2,037,000 Along Transmission Main and at Water Treatment Plant including: Microwave communication towers and equipment, electrical and instrumentation and controls throughout the well field and along the transmission main, at the ground storage tank and stand pipe, at the water treatment sleeve valve vault and at the existing St. Ann street tower, programming, testing, start-up, and training. 7. Ground Storage Tank near station Lump Sum 1 548,000 548,000 1842+00 along the Transmission Main including installation of tank, tank foundation, piping, valves, and appurtenances from the tank to the transmission main, site work, fencing, testing, start-up, and training. 8. Stand Pipe Tank at well no. 6 including: Lump Sum 1 548,000 548,000 installation of tank, tank foundation, piping, valves, and appurtenances from the tank to the well field piping, testing, start-up, and training. 9. Trench safety, including: Sheeting, Lump Sum 1 5,000 5,000 shoring, and bracing or equivalent method for the protection of life and limb in trenches and open excavation.April 2012 – ADDENDUM NO. 2 00_52_00-3 8173A10 400pw://Carollo/Documents/Client/TX/San Angelo/8173A10 400 Pump Station/Deliverables/Addendum No.2/00_52_00.docx (Add No. 2)
  24. 24. UNIT PRICE SCHEDULE - BASE BID No. Description Unit Estimated Unit Price $ Total Quantity Estimated Price $ 10. All Other Items for a Complete and Lump Sum 1 0 $0 Operational Project 11. Allowance for Miscellaneous Additional Lump Sum 1 $ 500,000.00 $ 500,000.00 Related Work Total Base Bid Items (Items 1 through 11) $12,853,000 Twelve Million Eight Hundred Fifty Three Thousand and no/100 (Price in words) A. A discretionary Allowance has been established (Bid Item 11) in the bid proposal for miscellaneous additional related work that may arise during the construction phase of the project due to discovery of unknown or unexpected project conditions for which a method of payment such as an individual bid item was not established. This item is not intended to be used to procure payments for items covered in the contract documents. Prior to initiating any item of extra work under this Allowance, OWNER, ENGINEER and CONTRACTOR will agree to the scope of work to be performed and the amount of payment to be made for a particular item of extra work under consideration. A Written Change Order for the extra work will be approved by all parties before commencing with the extra work. Expenditure of the Allowance funds is at the sole discretion of the OWNER. The allowance may be used in full or in part as the OWNER deems necessary. If no extra work is identified and approved by owner, the Allowance fund will not be expended. B. The Work shall be substantially completed within 365 consecutive calendar days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 395 consecutive calendar days after the date when the Contract Times commence to run.ARTICLE 6 – PAYMENT PROCEDURES6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.6.02 Progress Payments; Retainage A. Owner shall make progress payments of the Contract Price on the basis of Contractor’s Applications for Payment on or about the thirtieth (30th) day after submittal of the Application for Payment each month during performance of the Work as provided in Paragraph 6.02.A.1 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements.April 2012 – ADDENDUM NO. 2 00_52_00-4 8173A10 400pw://Carollo/Documents/Client/TX/San Angelo/8173A10 400 Pump Station/Deliverables/Addendum No.2/00_52_00.docx (Add No. 2)
  25. 25. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions. a. 95 percent of Work completed (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts if any, Owner determines should be deducted in accordance with the General Conditions. C. After Substantial Completion, Owner will reduce retainage to a percentage determined by Engineer.6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07.ARTICLE 7 – INTEREST7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate established by the laws of the State of Texas.ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC-4.02 of the Supplementary Conditions as containing reliable "technical data". E. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor’s safety precautions and programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that further examinations, investigations, explorations, tests,April 2012 – ADDENDUM NO. 2 00_52_00-5 8173A10 400pw://Carollo/Documents/Client/TX/San Angelo/8173A10 400 Pump Station/Deliverables/Addendum No.2/00_52_00.docx (Add No. 2)
  26. 26. studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.ARTICLE 9 – CONTRACT DOCUMENTS9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (Document 00_52_00). 2. Construction Performance bond (Document 00_61_14). 3. Construction Payment bond (Document 00_61_15). 4. General Conditions (Document 00_72_00). 5. Supplementary Conditions (Document 00_73_00). 6. Specifications as listed in the table of contents of the Project Manual. 7. Drawings as listed on the Drawing Index Sheet. 8. Addenda (numbers 1 to 4, inclusive). 9. Exhibits to this Agreement (enumerated as follows): a. Documentation submitted by Contractor prior to Notice of Award. b. Texas Water Development Board, Supplemental Conditions (Document 00_73_10). c. Texas Water Development Board, Form ED-103, Contractor’s Act of Assurance (Document 00_45_44). d. Texas Water Development Board, Form ED-104, Contractor’s Resolution on Authorized Representative (Document 00_45_45). e. Texas Water Development Board, Form ED-101, Site Certificate (Document 00_45_47). f. Texas Water Development Board, Form WRD-259, Vendor Compliance With Reciprocity On Non-Resident Bidders (Document 00_45_48). 10. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:April 2012 – ADDENDUM NO. 2 00_52_00-6 8173A10 400pw://Carollo/Documents/Client/TX/San Angelo/8173A10 400 Pump Station/Deliverables/Addendum No.2/00_52_00.docx (Add No. 2)
  27. 27. a. Notice to Proceed. b. Work Change Directives. c. Change Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions.ARTICLE 10 – MISCELLANEOUS10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions.10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.10.05 Contractor’s Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution;April 2012 – ADDENDUM NO. 2 00_52_00-7 8173A10 400pw://Carollo/Documents/Client/TX/San Angelo/8173A10 400 Pump Station/Deliverables/Addendum No.2/00_52_00.docx (Add No. 2)
  28. 28. 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.10.06 Audit 1. Owner may, at reasonable times, and for a period of up to five (5) years following the date of final payment by Owner to Contractor under this Agreement, audit, or cause to be audited, those books and records of Contractor which are related to Contractor’s performance under this Agreement. Contractor agrees to maintain all such books and records at its principal place of business for a period of five (5) years after final payment is made under this Agreement.10.07 Public Records Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to Owner agreements, subject to the provisions of Chapter 552, Texas Government Code, and agrees to allow access by Owner and the public to all documents subject to disclosure under applicable law. Contractor’s failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by Owner.10.08 Local Government Requirements Contractor understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. Owner and Contractor agree to comply with and observe all applicable laws, codes and ordinances as they may be amended from time to time.10.09 Nondiscrimination Contractor represents and warrants to Owner that Contractor does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Contractor’s performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Contractor further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement.10.10 Governing Law This Agreement shall be construed and enforced according to the laws of the State of Texas.10.11 Headings Title and paragraph headings are for convenient reference and are not a part of this Agreement.10.12 No WaiverApril 2012 – ADDENDUM NO. 2 00_52_00-8 8173A10 400pw://Carollo/Documents/Client/TX/San Angelo/8173A10 400 Pump Station/Deliverables/Addendum No.2/00_52_00.docx (Add No. 2)
  29. 29. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing.10.13 Entire Agreement This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect.10.14 Independent Contractor Contractor has been procured and is being engaged to provide services to Owner as an independent contractor, and not as an agent or employee of Owner. Accordingly, Contractor shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of City, nor any rights generally afforded classified or unclassified employees. Contractor further understands that Texas Workers’ Compensation benefits available to employees of Owner are not available to Contractor, and agrees to provide workers’ compensation insurance for any employee or agent of Contractor rendering services to Owner under this Agreement.10.15 Counterpart This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement.10.16 INDEMNIFICATION CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS CITY AND ITS OFFICIALS, EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS “INDEMNITEES”) AND EACH OF THEM FROM AND AGAINST ALL LOSS, COSTS, PENALTIES, FINES, DAMAGES, CLAIMS, EXPENSES (INCLUDING ATTORNEY’S FEES) OR LIABILITIES (COLLECTIVELY REFERRED TO AS “LIABILITIES”) BY REASON OF ANY INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR DESTRUCTION OR LOSS OF ANY PROPERTY ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH (I) THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES CONTEMPLATED BY THIS AGREEMENT WHICH IS OR IS ALLEGED TO BE DIRECTLY OR INDIRECTLY CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION, DEFAULT OR NEGLIGENCE (WHETHER ACTIVE OR PASSIVE) OF CONTRACTOR OR ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS (COLLECTIVELY REFERRED TO AS “CONTRACTOR”), REGARDLESS OF WHETHER IT IS, OR IS ALLEGED TO BE, CAUSED IN WHOLE OR PART (WHETHER JOINT, CONCURRENT OR CONTRIBUTING) BY ANY ACT, OMISSION, DEFAULT OR NEGLIGENCE (WHETHER ACTIVE OR PASSIVE) OF THE INDEMNITEES, OR ANY OF THEM OR (II) THE FAILURE OF THE CONTRACTOR TO COMPLY WITH ANY OF THE PARAGRAPHS HEREIN OR THE FAILURE OF THE CONTRACTOR TO CONFORM TO STATUTES, ORDINANCES, OR OTHER REGULATIONS OR REQUIREMENTS OF ANY GOVERNMENTAL AUTHORITY, FEDERAL OR STATE, IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. CONTRACTOR EXPRESSLY AGREES TO INDEMNIFY AND HOLD HARMLESS THE INDEMNITEES, OR ANY OF THEM, FROM AND AGAINST ALL LIABILITIES WHICH MAY BE ASSERTED BY AN EMPLOYEE OR FORMER EMPLOYEE OF CONTRACTOR, OR ANY OF ITS SUBCONTRACTORS, AS PROVIDED ABOVE, FOR WHICH THE CONTRACTOR’S LIABILITY TO SUCH EMPLOYEE OR FORMER EMPLOYEE WOULD OTHERWISE BE LIMITED TO PAYMENTS UNDER STATE WORKERS’ COMPENSATION OR SIMILAR LAWS.April 2012 – ADDENDUM NO. 2 00_52_00-9 8173A10 400pw://Carollo/Documents/Client/TX/San Angelo/8173A10 400 Pump Station/Deliverables/Addendum No.2/00_52_00.docx (Add No. 2)
  30. 30. 10.17 INSURANCE CONTRACTOR SHALL, AT ALL TIMES DURING THE TERM HEREOF, MAINTAIN SUCH INSURANCE COVERAGE AS MAY BE REQUIRED BY CITY. ALL SUCH INSURANCE, INCLUDING RENEWALS, SHALL BE SUBJECT TO THE APPROVAL OF CITY FOR ADEQUACY OF PROTECTION AND EVIDENCE OF SUCH COVERAGE SHALL BE FURNISHED TO CITY ON CERTIFICATES OF INSURANCE INDICATING SUCH INSURANCE TO BE IN FORCE AND EFFECT AND PROVIDING THAT IT WILL NOT BE CANCELED DURING THE PERFORMANCE OF THE SERVICES UNDER THIS AGREEMENT WITHOUT THIRTY (30) CALENDAR DAYS PRIOR WRITTEN NOTICE TO CITY. COMPLETED CERTIFICATES OF INSURANCE SHALL BE FILED WITH CITY PRIOR TO THE PERFORMANCE OF SERVICES HEREUNDER, PROVIDED, HOWEVER, THAT CONTRACTOR SHALL AT ANY TIME UPON REQUEST FILE DUPLICATE COPIES OF THE POLICIES OF SUCH INSURANCE WITH CITY. IF, IN THE JUDGMENT OF CITY, PREVAILING CONDITIONS WARRANT THE PROVISION BY CONTRACTOR OF ADDITIONAL LIABILITY INSURANCE COVERAGE OR COVERAGE WHICH IS DIFFERENT IN KIND, CITY RESERVES THE RIGHT TO REQUIRE THE PROVISION BY CONTRACTOR OF AN AMOUNT OF COVERAGE DIFFERENT FROM THE AMOUNTS OR KIND PREVIOUSLY REQUIRED AND SHALL AFFORD WRITTEN NOTICE OF SUCH CHANGE IN REQUIREMENTS THIRTY (30) DAYS PRIOR TO THE DATE ON WHICH THE REQUIREMENTS SHALL TAKE EFFECT. SHOULD THE CONTRACTOR FAIL OR REFUSE TO SATISFY THE REQUIREMENT OF CHANGED COVERAGE WITHIN THIRTY (30) DAYS FOLLOWING CITY’S WRITTEN NOTICE, THIS AGREEMENT SHALL BE CONSIDERED TERMINATED ON THE DATE THAT THE REQUIRED CHANGE IN POLICY COVERAGE WOULD OTHERWISE TAKE EFFECT.10.18 SPECIAL INSURANCE AND INDEMNIFICATION RIDERS: A. GENERAL INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY, DEFEND, AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF CONTRACTOR OR CITY, BY REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW OR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF CONTRACTOR, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONTRACTOR AND ANY OTHER ENTITY, AS A CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS AGREEMENT OR SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OF ANYTHING CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY CONTRACTOR HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS CONTRACT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE CONTRACTOR TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. B. ENVIRONMENTAL INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY, DEFEND AND HOLD CITY AND ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY LOCAL, STATE OR FEDERAL ENVIRONMENTAL AGENCIES OR PRIVATE INDIVIDUALS OR ENTITIES IN CONNECTION WITH OR RESULTING FROM OR ARISING OUT OF CONTRACTOR’S HANDLING, COLLECTION, TRANSPORTATION, STORAGE,April 2012 – ADDENDUM NO. 2 00_52_00-10 8173A10 400pw://Carollo/Documents/Client/TX/San Angelo/8173A10 400 Pump Station/Deliverables/Addendum No.2/00_52_00.docx (Add No. 2)
  31. 31. DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE BY ANY PERSON UNDER CONTRACTOR’S DIRECTION OR CONTROL OF WASTE COLLECTED, TRANSPORTED OR LANDFILLED OR ANY CLEANUP ASSOCIATED WITH ENVIRONMENTAL CONTAMINATION, WHETHER SUCH CLEANUP IS OF AIR, SOIL, STRUCTURE, GROUND WATER OR SURFACE WATER CONTAMINATION. CONTRACTOR SPECIFICALLY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS CITY AGAINST ALL CLAIMS, DAMAGES AND LIABILITIES OF WHATEVER NATURE ASSERTED UNDER CERCLA CAUSED BY ACTS OR OMISSIONS OF CONTRACTOR REGARDLESS OF WHEN SUCH INCIDENT IS DISCOVERED. CONTRACTOR SHALL BE RESPONSIBLE AND LIABLE FOR ANY SPILL, UNDERGROUND POLLUTION OR ANY OTHER ENVIRONMENTAL IMPAIRMENT INCIDENT CAUSED BY ACTS OR OMISSIONS OF CONTRACTOR REGARDLESS OF WHEN SUCH INCIDENT IS DISCOVERED. IT IS THE INTENT OF HE PARTIES THAT THIS SECTION SHALL IN NO WAY LIMIT OTHER COVERAGE HEREIN AS IT MAY RELATE TO ANY ENVIRONMENTAL CLAIM, DAMAGE, LOSS OR LIABILITY OF ANY KIND. C. PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR IN THIS AGREEMENT SHALL SURVIVE THE EXPIRATION OF THIS AGREEMENT AND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES TO EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT ONLY DURING THE TERM OF THIS AGREEMENT BUT THEREAFTER SO LONG AS ANY LIABILITY (INCLUDING BUT NOT LIMITED TO LIABILITY FOR CLOSURE AND POST CLOSURE COSTS) COULD BE ASSERTED IN REGARD TO ANY ACTS OR OMISSIONS OF CONTRACTOR IN PERFORMING UNDER THIS AGREEMENT. D. RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN THIS CONTRACT SHALL EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTS OCCURRING DURING THE TERM OF THIS AGREEMENT BUT RETROACTIVELY TO CLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING THE TERM OF PREVIOUS AGREEMENTS BETWEEN CITY AND CONTRACTOR. E. APPLICATION TO SURROUNDING PROPERTY. THE INDEMNIFICATION PROVISIONS OF THIS AGREEMENT EXTEND TO CLAIMS AND ASSESSMENTS RELATING TO RUNOFF, LEACHATE, OR OTHER INFILTRATION THAT MAY OCCUR OR HAS OCCURRED AT OR NEAR THE SITE OF LANDFILLS, TRANSFER STATIONS, OR OTHER SOLID WASTE FACILITIES AND SURROUNDING AREAS WHICH ARE OR WERE USED BY THE CONTRACTOR, DURING THE TERM OF THIS AGREEMENT OR PREVIOUS AGREEMENTS BETWEEN CITY AND CONTRACTOR. THIS SECTION DOES NOT MAKE CONTRACTOR LIABLE FOR ANY SITE IT HAS NEVER USED, CLOSED, MANAGED OR MONITORED. F. INSURANCE GENERAL CONDITIONS. THE FOLLOWING CONDITIONS SHALL APPLY TO ALL INSURANCE POLICIES OBTAINED BY CONTRACTOR FOR THE PURPOSE OF COMPLYING WITH THIS CONTRACT. 1. SATISFACTORY COMPANIES. COVERAGE SHALL BE MAINTAINED WITH INSURERS AND UNDER FORMS OF POLICIES SATISFACTORY TO CITY AND WITH INSURERS LICENSED TO DO BUSINESS IN TEXAS. CONTRACTOR SHALL MAINTAIN AT ALL TIMES DURING THE LIFE OF THIS CONTRACT POLICIES OF INSURANCE FROM AN INSURANCE COMPANY THAT HAS A RATING OF OR EQUIVALENT TO A:VIII BY A.M. BEST & COMPANY 2. NAMED INSUREDS. ALL INSURANCE POLICIES REQUIRED HEREIN SHALL BE DRAWN IN THE NAME OF CONTRACTOR, WITH CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES NAMED AS ADDITIONAL INSUREDS, EXCEPT ON WORKERS’ COMPENSATION COVERAGE.April 2012 – ADDENDUM NO. 2 00_52_00-11 8173A10 400pw://Carollo/Documents/Client/TX/San Angelo/8173A10 400 Pump Station/Deliverables/Addendum No.2/00_52_00.docx (Add No. 2)

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