May 15, 2012 Agenda Packet

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 Drive

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

City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. every
day for two weeks beginning on the Thursday after each meeting.

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

I. OPEN SESSION (9:00 A.M.)
A. Call to Order
B. Prayer and Pledge
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.”
C. 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 in
City Council Agenda Page 1 of 5 May 15, 2012

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 PENALTY


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
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
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
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 GRANTS
Addendum 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 destinations
III. REGULAR AGENDA:
F. EXECUTIVE/CLOSED SESSION
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle
A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that
Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real
property
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
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.

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)


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 Clerk


PROCLAMATION

WHEREAS, mental health is essential to everyone’s overall health and well-being; and

WHEREAS, all Americans experience times of difficulty and stress in their lives; and

WHEREAS, prevention is an effective way to reduce the burden of mental health
conditions; and

WHEREAS, 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; and

WHEREAS, mental health conditions are real and prevalent in our nation; and

WHEREAS, with effective treatment, those individuals with mental health conditions can
recover and lead full, productive lives; and

WHEREAS, 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 the
City 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, government
agencies, public and private institutions, businesses and schools in San Angelo to recommit
our community to increasing awareness and understanding of mental illnesses, the steps our
citizens can take to protect their mental health, and the need for appropriate and accessible
services 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

City of San Angelo

Memo
Date: May 8, 2012

To: Mayor and Council Members

From: Robert Salas, Neighborhood & Family Services Director

Subject: Special Recognition for May 15, 2012 Council Meeting

Contact: Robert Salas 657-4274

Caption: 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 make
San 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 of
over 73 tons of debris and junk, painted the interiors of city facilities such as the Southside and Carl Ray
Recreation 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 organizations
that volunteered their time and resources, and COSA Development Corp for providing funding for this
important 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 through
their Brush with Kindness program, and with WTOS who supplied meals. Other sponsors included
Valspar, Sherwin Williams, Arctic Glacier and COSA Development Corp who provided the funding to
repair or replace siding.

This was the fourth city sponsored event. The total combined efforts have yielded over 573 tons of junk
and debris collected and disposed of and 127 homes painted. This event supported the city’s
neighborhood revitalization strategy.

Financial Impact: None.

Related Goal Item: Neighborhood Revitalization

Other Information/Recommendations: None

Attachments: None

Presentation: None.

Publication: None.

Reviewed by Service Area Director: N/A

CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 455
Tuesday, May 1, 2012 Vol. 103

OPEN SESSION

BE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, May 1, 2012, in
the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized
members 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 Farmer

were 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 and
pledge 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 San
Angelo, 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 by
Tim Vasquez, Chief of Police.
“Bicycle Safety Awareness Month”, May 2012, was accepted by Gene Potter of the San Angelo Bicycle
Association.
“Motorcycle Safety Awareness Month”, May 2012, was accepted by Linda Ashton, Rider Coach of Southwest
Motorcycle Training.
Best Practices Re-Certification Recognition, City of San Angelo Police Department, presented by Stan
Standridge, Abilene Chief of Police and representative of Texas Law Enforcement Recognition Program, was
accepted by Tim Vasquez, Chief of Police, Kevin Hollway, Jeff Fant, Robert Martinez, Assistant Chiefs of
Police, and Dennis McGuire, Sergeant.
PUBLIC COMMENT
No one came forward to comment publicly.
CONSENT AGENDA
APPROVAL OF THE APRIL 17, 2012 CITY COUNCIL REGULAR MEETING MINUTES
AWARD OF BIDS AND AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE ANY NECESSARY RELATED DOCUMENTS:
WU-06-12: Water Meters, HD Supply Waterworks (San Angelo, TX), $138,750.00

Minutes
Vol. 103 May 1, 2012

AWARD OF RFP VM-02-12 FOR DIGGER DERRICK DEALERS TO ALTEC NUECO,
AUTHORIZING STAFF TO NEGOTIATE A CONTRACT NOT TO EXCEED $100.000.00, AND
AUTHORIZATION FOR THE INTERIM CITY MANAGER TO EXECUTE SAID CONTRACT AND
ANY NECESSARY RELATED DOCUMENTS
AUTHORIZATION 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 AND
AUTHORIZATION FOR THE MAYOR, CITY MANAGER, OR WATER UTILITIES DIRECTOR TO
EXECUTE ALL NECESSARY LEGAL DOCUMENTS PERTAINING TO THE SALE OF SUBJECT
PROPERTY, SUBJECT TO COMPLETION OF ALL CURATIVE REQUIREMENTS
AUTHORIZATION FOR THE INTERIM CITY MANAGER AND WATER UTILITIES DIRECTOR
TO MAKE AN APPLICATION, NEGOTIATE, AND EXECUTE A CONTRACT WITH AEP TEXAS
FOR THE ELECTRIC LOAD MANAGEMENT PROGRAM, AND TO ACCEPT THE FUNDS UPON
APPROVAL OF THE APPLICATION AND AWARD OF THE PROGRAM
AUTHORIZATION FOR THE CITY OF SAN ANGELO TO ENTER INTO AN INTERLOCAL
AGREEMENT WITH THE TOM GREEN COUNTY SHERIFF’S OFFICE FOR THE PURPOSE OF
JOINTLY APPLYING FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
AND AUTHORIZATION FOR THE INTERIM CITY MANAGER TO EXECUTE ANY NECESSARY
RELATED DOCUMENTS
AUTHORIZATION FOR THE INTERIM CITY MANAGER TO EXECUTE THE THIRD
AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND
FEDERAL EXPRESS CORPORATION IN THE AMOUNT OF $45,113.04 ANNUALLY AT THE
SAN ANGELO REGIONAL AIRPORT
APPROVAL OF BYLAWS DRAFTED TO GOVERN THE DOWNTOWN DEVELOPMENT
COMMISSION
APPROVAL OF A NON EXCLUSIVE LICENSE AGREEMENT BETWEEN THE CITY OF SAN
ANGELO AND JEFF PARTUSCH, OWNER OF 113 E. CONCHO AVENUE, FOR PLACEMENT OF
A CONCRETE DUMPSTER PAD, DUMPSTER, AND SCREENING FENCE ON THE SOUTHWEST
CORNER OF THE PARKING AREA IN BART DEWITT PARK FOR USE BY BUSINESSES IN THE
100 BLOCK OF CONCHO AVENUE, FOR USE AS AUTHORIZED IN THE AGREEMENT, AND
AUTHORIZATION FOR THE INTERIM CITY MANAGER TO EXECUTE SAID AGREEMENT
SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 9, LAKES,
PARKS AND RECREATION AREAS, ARTICLE 9.200 OF THE CITY OF SAN ANGELO CODE OF
ORDINANCES BY ADDING SECTION 9.209 RELATED TO TEMPORARY VARIANCES FROM
CITY 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 FOR
SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE
ADOPTION 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, INCLUDING
NOISE 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 Regular
Agenda. Council concurred.

Minutes Page 457
May 1, 2012 Vol. 103

Motion, to approve the Consent Agenda, with the exception of items WU-03-12 and PI-01-11, as presented, was
made by and seconded by. Motion carried unanimously.
REGULAR AGENDA: PUBLIC HEARING AND COMMENT
AWARD OF BIDS AND AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE ANY NECESSARY RELATED DOCUMENTS:
WU-03-12: Soil Sampling, SKG Engineering (San Angelo, TX), $4,399.89
Councilmember Adams clarified this sampling was a requirement by Texas Commission on Environmental
Quality.
Motion, to award, as presented, was made by Councilmember Adams and seconded by Councilmember
Hirschfeld. 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, AND
AUTHORIZATION FOR THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH
THE RECOMMENDED VENDOR
Requested by Councilmember Morrison and responding to questions from Citizen Jim Turner, Multimedia
Coordinator Brian Groves presented background information regarding the capability of the various functions
the web host would build and design; the cost, related expenditures for the project, and the timeframe to
complete the project; and the length of the contract.
General discussion was held on the capability of the web host, continuous technology changes, open source
solutions, user friendly features, back office capability, and possibly considering Code for America as an open
source 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 Councilmember
Alexander.
Councilmember Morrison expressed his concern on the specifics of the proposal and the unknown facts to move
forward with the website design.
A vote was taken on the motion on the floor. AYE: Alexander, Adams, Hirschfeld, and Farmer. NAY: New
and Morrison. Motion carried 4-2.
RECESS
At 10:01 A.M., Mayor New called a recess.
RECONVENE
At 10:17 A.M., Council reconvened, and the following business was transacted:
PRESENTATION OF DOWNTOWN SAN ANGELO, INC., 4TH QUARTER 2011 AND 1ST QUARTER 2012
REPORTS
DSA Executive Director Genora C. Young and DSA Board President Brenda Gunter presented background
information. 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 NORTH
CENTRAL TEXAS COUNCIL OF GOVERNMENTS, PURSUANT TO MASTER CONTRACT WITH UTILITY
SERVICE PARTNERS PRIVATE LABEL, INC. (“USP”) FOR WATER AND SEWER LINE REPAIR

Minutes
Vol. 103 May 1, 2012

COVERAGE TO HOMEOWNERS RESIDING WITHIN THE CITY AS PART OF A PROTECTION PROGRAM
Assistant City Manager Elizabeth Grindstaff and Utility Service Partners, Inc., General Manager Brian Davis
presented 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, NLC
and 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 the
citizens, and further direct staff to negotiate and craft a better deal for the citizens. Responding to questions
from Council, Mr. Davis stated there were no pre-existing conditions of the home, including the age of the home
and its bearing on the premium rate, existence of water wells or septic tanks, soil shifting, and/or any other
issues that may contribute to the claim. Councilmember Adams spoke in support of the program and suggested
Council reconsider their choice to endorse companies.
Motion, to deny endorsement of the proposed plan, was made by Councilmember Morrison and seconded by
Councilmember 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 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
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
Permanent 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 Light
Manufacturing (ML), as presented, was made by Councilmember Morrison and seconded by Councilmember
Hirschfeld. AYE: New, Alexander, Morrison, Hirschfeld, and Farmer. NAY: Adams. Motion carried 5-1.
FIRST PUBLIC HEARING AND APPROVAL OF THE PLANNING COMMISSION’S
RECOMMENDATION MODIFYING A REQUEST FOR A ZONE CHANGE FROM SINGLE-FAMILY
RESIDENTIAL (RS-1) TO HEAVY COMMERCIAL (CH), ALTERNATIVELY RECOMMENDING A
ZONE 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 ANGELO
Z 12-04: Claudia Perez
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
FOLLOWING PROPERTY, TO WIT: 2687 & 2695 Armstrong Street, approximately 400 feet south from

Minutes Page 459
May 1, 2012 Vol. 103

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
Councilmember Morrison expressed his concern regarding the change to GC and spoke in opposition of the
change.
General discussion was held on the proposed zoning between CG and Neighborhood Commercial, conditional
uses, 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 by
Councilmember 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 ANGELO
Z 12-03: Howard College Campus
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
FOLLOWING PROPERTY, TO WIT: 3501 North US Highway 67, encompassing the area known as the
Howard College, more specifically, being 33.802 acres out of the J. Pointevent Survey 1113, Abstract 4873, and
Paulann 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 General
Commercial (CG) and Light Manufacturing (ML) to Planned Development (PD) District; PROVIDING FOR
General discussion was held on stormwater management, future requirements of the planned development, and
the zoning of the proposed planned development.
Public comments were made by Howard College Provost LeAnne Byrd and Parkhill, Smith, Cooper Engineer
Renee Franks.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Adams and seconded by
Councilmember Hirschfeld. Motion carried unanimously.
APPROVAL OF THE CREATION OF A SCULPTURE GARDEN AT SUNKEN GARDEN PARK
Parks and Recreation Director Carl White presented background information. A copy of the presentation is part
of the Permanent Supplemental Minute record.
Motion, to approve, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember
Adams.
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

Minutes
Vol. 103 May 1, 2012

work.
A vote was taken on the motion on the floor. Motion carried unanimously.
RECESS
At 12:51 P.M., Mayor New called a recess.
EXECUTIVE/CLOSED SESSION
At 1:21 P.M., Council convened in 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; and, 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
OPEN SESSION (continued)
At 2:52 P.M. City Council concluded the Executive/Closed Session whereupon the following business was
transacted:
RECESS
At 2:52 P.M., Mayor New called a recess.
RECONVENE
At 3:03 P.M., Council reconvened, and the following business was transacted:
DIRECTION TO REMAND THE ITEM TO THE CITY OF SAN ANGELO DEVELOPMENT
CORPORATION (COSADC) BOARD OF DIRECTORS RECONSIDERING MATTERS RELATED TO
THE ALLOCATION FOR $455,000.00 OF HALF-CENT SALES TAX FUNDS FOR THE
CONSTRUCTION OF A 25 FOOT WIDE EXTENSION OF SMITH BLVD. TO PAUL ANN BLVD. FOR
THE PURPOSE OF FACILITATING ACCESS TO THE COMMERCIAL PROPERTY IN THE
CHAPARRAL INDUSTRIAL PARK
Community and Economic Development Director Shawn Lewis presented background information. A copy of
the 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 longer
left turn lane thereby providing access two different ways, suggested developing Smith Blvd part of the Capital
Improvement Plan versus utilizing economic development monies, alleviating the creation of another Angelo
State University roadway issue, and developing Smith Blvd. as a residential roadway to discourage increased
traffic 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 not
tied 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 as
recommended at the next meeting upon review and recommendation by the DC.
DISCUSSION AND POSSIBLE ACTION ON AUTHORIZING THE PURCHASE OF BALL FIELD
NETTING AT THE TEXAS BANK SPORTS COMPLEX
Requested by Councilmember Morrison, Recreation Manager MaryAnn Vasquez presented background

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May 1, 2012 Vol. 103

information. 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 other
netting alternatives. Council directed staff to research other alternatives and present the item at a future
meeting.

Minutes
Vol. 103 May 1, 2012

FIRST PUBLIC HEARING AND INTRODUCTION 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 GRANTS
Budget Manager Morgan Trainer presented background information.
Motion, to introduce the Ordinance, as presented, was made by Mayor New and seconded by Councilmember
Adams. Motion carried unanimously.
FOLLOW UP AND ADMINISTRATIVE ISSUES
CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION
No action was taken on matters discussed in Executive/Closed Session.
ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMS
Special City Council Meeting – May 22, 2012 – Canvass of May 12, 2012 General Election
CONSIDERATION OF FUTURE AGENDA ITEMS
Interim City Manager Michael Dane distributed the proposed May 15, 2012 Agenda and solicited Council
comments and suggestions.
Mayor requested information for the next Airport Board Meeting regarding Fixed Base Operators request for
bid in Oct 2012.
Update on $25 Fire Inspection Fee process and the history as to why such was implemented.
ADJOURNMENT
Motion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Adams. Motion
carried unanimously.
The meeting adjourned at 3:50 P.M.

THE CITY OF SAN ANGELO

___________________________________
Alvin New, Mayor

ATTEST:

_______________________________
Alicia Ramirez, City Clerk

Annexes A-B

In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this
meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council
meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from
the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording

Minutes Page 463
May 1, 2012 Vol. 103

may be distorted due to equipment malfunction or other uncontrollable factors.)

THIS PAGE INTENTIONALLY LEFT BLANK.

City of San Angelo

Memo
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.

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 Tabulation

Presentation: None

Reviewed by: Carl White, Parks and Recreation Director
Roger Banks, Purchasing Director

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
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
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
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 Gain
10 EV-ANT-F ea 13 645.00 8,385.00 0.00 0.00 677.25 8,804.25
Vertical Antenna
Rain Master Sensor/Data
11 EV-CAB-SEN Per/ft 8000 0.40 3,200.00 0.00 0.00 0.42 3,360.00
Cable
NetafimNetafim 2" Hydrometer
12 LHM2FG1-PRMEL ea 1 1,090.66 1,090.66 568.00 568.00 728.48 728.48
P.R.
NetafimNetafim 4" Hydrometer
13 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 Set
14 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 Watermaster

Y:12-RFXParksPK0112 Sprinkler ControlsBid Tab

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, TX

Y:12-RFXParksPK0112 Sprinkler ControlsBid Tab

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 municipal
THIS AGREEMENT is by and between corporation, (“Owner”) and

Archer Western Construction, LLC (“Contractor”).

Owner and Contractor hereby agree as follows:

ARTICLE 1 – WORK

1.01 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, Texas

ARTICLE 2 – THE PROJECT

2.01 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 Work
described in the Contract Documents for the construction of a Booster Pump Station and Well Field
located within Tom Green, Concho, Menard and McCulloch Counties, Texas, as directed by the City
to include: providing and constructing a complete and functional Booster Pump Station and Well
Field. The Work shall include, but shall not be limited to, piping, equipment, electrical building, flow
meter vaults, all weather access road, grading functional Booster Pump Station and Well Field
inclusive 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 construction
surveying and staking; provide and maintain a stormwater plan and permit; return construction site to
pre-construction condition or better; and all appurtenances or other items required to provide a
complete, functional system as described and shown in the Contract Documents. Contractor shall
provide all labor for preparing the worksite and furnish all material, accessories, labor, and equipment
necessary for completing Work; and, all other work specified in the technical specification documents
and drawings included with the Contract Documents.

ARTICLE 3 – ENGINEER

3.01 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 TIMES

4.01 Time of the Essence

April 2012 – ADDENDUM NO. 2 00_52_00-1 8173A10 400
pw://Carollo/Documents/Client/TX/San Angelo/8173A10 400 Pump Station/Deliverables/Addendum No.2/00_52_00.docx (Add No. 2)

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 PRICE

5.01 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.


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
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,
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.



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 PROCEDURES

6.01 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.


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 – INTEREST

7.01 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 REPRESENTATIONS

8.01 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,

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 DOCUMENTS

9.01 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:


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 – MISCELLANEOUS

10.01 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;


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 Waiver

No waiver or breach of any provision of this Agreement shall constitute a waiver of any
subsequent breach of the same or any other provision hereof, and no waiver shall be effective
unless made in writing.

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.


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,

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.


3. WAIVER OF SUBROGATION. CONTRACTOR SHALL REQUIRE ITS INSURANCE
CARRIER(S), WITH RESPECT TO ALL INSURANCE POLICIES, TO WAIVE ALL
RIGHTS OF SUBROGATION AGAINST CITY, ITS COUNCIL MEMBERS, BOARD
AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES,
CONSULTANTS AND EMPLOYEES.

4. CROSS LIABILITY OR SEVERABILITY OF INTEREST. CONTRACTOR SHALL
REQUIRE ITS INSURANCE CARRIER(S), WITH RESPECT TO ALL INSURANCE
POLICIES, TO CONTAIN A CROSS LIABILITY OR SEVERABILITY OF INTEREST
CLAUSE OR ENDORSEMENT. INSURANCE COVERING THE SPECIFIED
ADDITIONAL INSUREDS SHALL BE PRIMARY INSURANCE, AND ALL OTHER
INSURANCE CARRIED BY THE ADDITIONAL INSUREDS SHALL BE EXCESS
INSURANCE;

5. CERTIFICATES OF INSURANCE. AT OR BEFORE THE TIME OF EXECUTION OF
THIS CONTRACT, CONTRACTOR SHALL FURNISH CITY’S RISK MANAGER WITH
CERTIFICATES OF INSURANCE AS EVIDENCE THAT ALL OF THE POLICIES
REQUIRED HEREIN ARE IN FULL FORCE AND EFFECT AND PROVIDE THE
REQUIRED COVERAGE AND LIMITS OF INSURANCE. ALL CERTIFICATES OF
INSURANCE SHALL CLEARLY STATE THAT ALL APPLICABLE REQUIREMENTS
HAVE BEEN SATISFIED. THE CERTIFICATES SHALL PROVIDE THAT ANY
COMPANY ISSUING AN INSURANCE POLICY SHALL PROVIDE TO CITY NOT
LESS THAN THIRTY (30) DAYS ADVANCE NOTICE IN WRITING OF
CANCELLATION, NON-RENEWAL, OR MATERIAL CHANGE IN THE POLICY OF
INSURANCE. IN ADDITION, CONTRACTOR AND INSURANCE COMPANY SHALL
IMMEDIATELY PROVIDE WRITTEN NOTICE TO CITY’S RISK MANAGER UPON
RECEIPT OF NOTICE OF CANCELLATION OF ANY INSURANCE POLICY, OR OF A
DECISION TO TERMINATE OR ALTER ANY INSURANCE POLICY. CERTIFICATES
OF INSURANCE AND NOTICES OF CANCELLATIONS, TERMINATIONS, OR
ALTERATIONS SHALL BE FURNISHED TO CITY’S RISK MANAGER AT CITY HALL,
106 S. CHADBOURNE OR P.O. BOX 1751, SAN ANGELO, TEXAS 76903.

6. CONTRACTOR’S LIABILITY. THE PROCUREMENT OF SUCH POLICY OF
INSURANCE SHALL NOT BE CONSTRUED TO BE A LIMITATION UPON
CONTRACTOR’S LIABILITY OR AS A FULL PERFORMANCE ON ITS PART OF THE
INDEMNIFICATION PROVISIONS OF THIS CONTRACT. CONTRACTOR’S
OBLIGATIONS ARE, NOTWITHSTANDING ANY POLICY OF INSURANCE, FOR
THE FULL AND TOTAL AMOUNT OF ANY DAMAGE, INJURY, OR LOSS CAUSED
BY OR ATTRIBUTABLE TO ITS ACTIVITIES CONDUCTED AT OR UPON THE
PREMISES. FAILURE OF CONTRACTOR TO MAINTAIN ADEQUATE COVERAGE
SHALL NOT RELIEVE CONTRACTOR OF ANY CONTRACTUAL RESPONSIBILITY
OR OBLIGATION.

7. SUBCONTRACTORS’ INSURANCE. CONTRACTOR SHALL CAUSE EACH
SUBCONTRACTOR AND SUB-SUB-CONTRACTOR OF CONTRACTOR TO
PURCHASE AND MAINTAIN INSURANCE OF THE TYPES AND IN THE AMOUNTS
SPECIFIED BELOW. CONTRACTOR SHALL REQUIRE SUBCONTRACTORS AND
SUB-SUBCONTRACTORS TO FURNISH COPIES OF CERTIFICATES OF
INSURANCE TO CITY’S RISK MANAGER EVIDENCING COVERAGE FOR EACH
SUBCONTRACTOR AND SUB-SUBCONTRACTOR.

B. TYPES AND AMOUNTS OF INSURANCE REQUIRED. CONTRACTOR SHALL OBTAIN
AND CONTINUOUSLY MAINTAIN IN EFFECT AT ALL TIMES DURING THE TERM
HEREOF, AT CONTRACTOR’S SOLE EXPENSE, INSURANCE COVERAGE AS
FOLLOWS WITH LIMITS NOT LESS THAN THOSE SET FORTH BELOW:

1. COMMERCIAL GENERAL LIABILITY. THIS POLICY SHALL BE OCCURRENCE-
TYPE POLICY AND SHALL PROTECT THE CONTRACTOR AND ADDITIONAL


May 15, 2012 Agenda Packet

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May 15, 2012 Agenda Packet